Terms & Conditions

General Terms and Conditions of Business and Use (GTCs) As of: 2 September 2026 § 1 Provider of the service, general information, definitions 1.1 Service Provider The provider of the Services described below is LimeSurvey GmbH Papenreye 63 22453 Hamburg Managing Directors: Jory Nagel, Carsten Schmitz Phone: +49 40 22660066 (Not for support – paid telephone support available on request) Email: info@limesurvey.org Entered in the Hamburg Commercial RegisterCourt of Registration: Hamburg District CourtRegister number: HRB 13762VAT registration number pursuant to § 27 a VAT Act (UStG): DE301233134 (hereinafter referred to as the "Provider"). 1.2 Offer, services, miscellaneous The Provider offers various free and paid services in connection with online surveys (collectively "Services") on the Internet under the domain limesurvey.org and its subdomains (collectively "Website"). Specifically: a. Customers Customers are natural persons or companies who have concluded a contract with the Provider for the use of the Services (hereinafter: "Customer"). b. Free offer LimeSurvey Community Edition As part of the offer, the Provider offers the Customer the LimeSurvey Community Edition software, licensed under the GNU General Public License, Version 2, (GPL), for conducting online surveys for download free of charge and exclusively on the Customer's own responsibility. The terms of use of the GPL are available here and must be accepted on start of use. The Provider does not grant the Customer any rights beyond the terms of use of the GPL through use/provision of the software. After registration, the Provider shall also provide the Customer with an online forum, online documentation, a website for recording and processing error reports and feature requests and a website for translating LimeSurvey into other languages free of charge, subject to § 4. c. Paid Services ComfortUpdate LimeSurvey Extension After registration and ordering, the ComfortUpdate LimeSurvey Extension packages offer the Customer, among other things, a convenient "ComfortUpdate" update retrieval option for the LimeSurvey Community Edition software hosted by the Customer. For this purpose, the Provider shall provide the Customer with an update script which, after activation by the Customer, triggers a backup of the data in the Customer's system, performs the update, and grants access to an older version of the software that has been corrected by the Provider to remove critical errors. Rights to this are granted to the Customer under the GPL license specified under a.), to which a link is provided. In addition to a free trial version for 1 month, various other paid service packages with specific, automatically extending contract terms are available, each including a maximum number of update services. Details of the service packages are shown on the Website. LimeSurvey Cloud After registration and ordering, the LimeSurvey Cloud service allows the Customer to create, manage and analyze online surveys directly. Participants invited by the Customer take part in these surveys. The service can generally be used free of charge up to a certain usage volume and a certain range of functions, as specified on the Website (package name: "FREE"). In addition, the Customer can order one of several paid service packages above a certain usage volume and range of functions with a specific, automatically extending contract term. Details of the service packages are shown on the Website. The Provider may, at its own discretion, make a paid service package available to the Customer free of charge for a specified period for testing purposes ("TRIAL VERSION"). AI functions The AI functions are offered only as part of certain products and tariffs marked accordingly by the Provider. During the beta phase, their availability may be restricted to specific paid tariffs; the range of functions specified in the Service Description is definitive. If available thereafter, the Provider shall provide the Customer with optional AI functions for partial or complete creation and processing of survey structures, questions, answer options, and other text modules. This includes, in particular, generation, reformulation, translation, extension, and supplementation of existing texts. The use of AI functions is optional and is not required for other use of the Services. The AI functions are operated through an open-source AI model in an infrastructure controlled by the Provider. The content of inputs and outputs is not transmitted to external providers of AI models to generate the respective output. Operation of the AI functions does not require any ongoing model, update, telemetry, or other requests to external AI Services. The AI functions are clearly marked as such on the user interface. At the latest before the first direct interaction, the user is informed clearly and comprehensibly that the function concerned is based on an AI system. A condition of its use is acknowledgement of this information. Where required by law, the Provider shall provide AI-generated or AI-processed outputs with machine-readable information about origin.Activation of the AI functions is voluntary. If the Customer rejects activation or deactivates the AI functions, the remaining Services and functions are not affected. For purposes of product development, capacity planning, and statistical analysis of use, the Provider shall draw up anonymous, aggregated usage statistics. The statistics shall be created without any user or installation identifier, without the content of the inputs or outputs, and without any other features that allow assignment to a specific customer, a specific installation, or a specific user. Independently of this, the Provider may record the key response and usage consumption in accordance with the tariff and based on the installation, insofar as this is necessary for execution of the contract, monitoring of tariff usage limits, or billing. This data is not used for product or usage analyses. Payment for the AI functions is covered by the tariff payment, provided that they are included in the tariff in question and that the Provider has not indicated otherwise in the tariff. Separate invoicing based on the use of input or output tokens shall only be carried out if the tariff indicates consumption-based billing. The available range of functions is based on the respective Service Description. The Provider may deploy various AI models or model versions for various functions. LimeStore Registered Customers have the option of obtaining software extensions ("LimeSurvey Extension/Extensions") in digital form via an online shop offered by the Provider (hereinafter "LimeStore") in order to use extended features of the Provider's Services. The details, in particular the technical requirements, are specified in the respective LimeSurvey Extension. There is a fundamental distinction between the following LimeSurvey Extensions: LimeSurvey Extensions that are covered by the GNU General Public License, Version 2, (GPL), as specified here ("GPL LimeSurvey Extension") LimeSurvey Extensions offered under a permanent or temporary proprietary standard license. With the exception of the temporary standard license (see § 7, Section 7.4), updates to the relevant LimeSurvey Extension 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 the order, the Customer shall receive the data for download from the Provider's Website and install and commission it themselves. In the case of LimeSurvey Cloud, the LimeSurvey Extension shall be installed by the Provider after the order is placed and its functions shall be made available as a service. The Provider is entitled to refuse installation if the extension cannot be installed for technical reasons or if there are other reasons that do not allow installation in the specific case. In that event, the Customer shall not incur any costs. LimeSurvey Extension Update/Support Packages Irrespective of the error correction in accordance with § 8, in the case of the GPL LimeSurvey Extension or the permanent standard license, the Customer can book a LimeSurvey Extension Update/Support Package for the respective LimeSurvey Extension with an automatically extending contract term for a fee or extend it in the case of update/support services included from the start. Updates to the LimeSurvey Extension published by the respective developer and any support shall be available to the Customer for the specified term. The details can be found in the information about the respective LimeSurvey Extension. d. Applicability of these GTCs; contract language These Terms and Conditions apply to all existing business relationships in relation to the Services specified here. They apply to all Services and apply in the version valid at the time of registration or placement of an order. Deviating terms and conditions of the Customer shall not be recognized by the Provider, unless individually agreed otherwise. If the Customer orders from the English-language website, these GTCs are also available in English for information purposes. In the event of contradictions, ambiguities or disputes, the German version of these GTCs shall take precedence. e. General information The offer is only intended for Customers with full legal capacity or effective representation. By placing an order, the Customer confirms that it has the necessary authorization and capacity to place the order. § 2 Conclusion of the contract, registration, ordering 2.1 Conclusion of contract The contract between the Provider and the Customer for the use of the respective Services is concluded when the Customer registers on the Provider's Website and may be supplemented by an order for Services placed by the Customer. 2.2 Registration In order to use the full range of functions available on the Provider's Website, registration is required by entering a user name and password chosen by the Customer, in conjunction with an email address. The Customer warrants that the information it has provided in connection with the registration is correct. The Customer shall inform the Provider immediately of any changes to the required data by changing the relevant fields in its user account. 2.3 Ordering free Services on the Website In the case of the ComfortUpdate LimeSurvey Extension test package or LimeSurvey Cloud "FREE", the order is placed by the Customer registering or, in the case of prior registration, logging in and making the appropriate selection. The Customer then receives a trial license key for the ComfortUpdate LimeSurvey Extension in its user account or an activation for LimeSurvey Cloud "FREE". The ComfortUpdate LimeSurvey Extension test package runs for one month from the provision of the license key and expires automatically. 2.4 Ordering paid Services on the Website Customers who are registered and logged in can place a binding order for paid Services, LimeSurvey Extensions, and any LimeSurvey Extension Update/Support Packages by clicking on "Buy now" in the online order form on the Provider's Website. The range of Services and details of the order are clearly displayed to the Customer during the online ordering process. The Customer receives an automated order confirmation by email. 2.5 Email orders Orders can also be placed on request via remote communication (email) in individual cases. The Provider is authorized to charge a flat-rate fee for this after the Customer has been informed of it. 2.6 Conclusion of contract The contract for LimeSurvey ComfortUpdate, LimeSurvey Extension Packages, LimeSurvey Cloud, or a LimeSurvey Extension is concluded immediately on successful payment by the Customer or – if approved by the Provider – immediately on payment on account. The Customer then receives a confirmation email. The selected term of the package shall begin once it is activated by the Provider. The contract shall also come into being when the package is activated by the Provider. 2.7 Range of Services The range of Services is based on the offer the Customer has selected and can be accessed online at any time. 2.8 Storage option and access to contract text 2.8.1 The Customer can access the GTCs on the Website at any time. The Customer can also print or save this document by using the usual browser functions. The Customer can also archive the data of any order either by saving the GTCs and saving the data summarized on the last page using the browser functions during the online ordering process, or by waiting for the automatic order confirmation sent by email. This email also contains the order details and the Provider's GTCs. 2.8.2 The order data is stored by the Provider but cannot be accessed directly by the Customer for security reasons. The Provider offers each registered Customer a password-protected user account. In this account, the Customer can view data on completed and open orders and invoices and manage and save its address details, any payment details, and the newsletter. § 3 Prices, price changes, payment methods and conditions 3.1 Prices The prices of the paid Services are determined by the information provided when the order is placed and are valid for the respective contract term (§ 4). All prices on the Website include the applicable value added tax, unless the Provider has given different information on the Website for entrepreneurs pursuant to the Price Indication Ordinance (PAngV); the Customer has identified itself as a company in the EU (except Germany) with a valid VAT registration number; the Customer is not a resident of the EU registered for tax. 3.2 Price changes 3.2.1 In the case of automatic renewal of the Contract term, the previously agreed price shall apply with the proviso that the Provider is entitled to adjust the respective prices to changing market conditions for ongoing Services on a quarterly basis in the event of significant changes in procurement costs and changes in VAT or procurement prices, if and insofar as these costs do not only change to an insignificant extent; cost reductions shall be taken into account in the same way as cost increases. In the case of price increases, the Customer has a right of termination. In such cases, the Provider shall give advance notification in text form at least [6] weeks before the changes take effect. If the Customer exercises this right of termination, the contract shall end at the time that the price increases takes effect. 3.2.2 Otherwise, price changes for future separate orders may be made at any time and the relevant information shall be provided on the Website and/or when the order is placed. 3.3 Payment methods and conditions 3.3.1 Payment for paid Services shall be made in advance in full for the entire term of the Contract. The Customer agrees that, if the paid service is extended, the payment method last selected or currently set up in the account shall be utilized by the Provider within 14 days of the start of the new contract term following invoicing. 3.3.2 The generally accepted payment methods are shown on the Website (www.limesurvey.org/pricing) and are determined in individual cases according to the online order form on the Website during the order process. Payment on account requires prior authorization by the Provider. In this case, payments shall be made within 14 days of invoicing. The Provider is free to offer payment on account. 3.3.3 The Provider has the right to block the Customer's access to the respective service in the event of a significant delay in payment of at least one month from the due date until the outstanding claims have been settled. 3.3.4 The Customer agrees that all contractual communication shall be handled exclusively in electronic form to the extent permitted by law. § 4 Contract term, termination 4.1 The term of the contract specified at the time of ordering shall apply from the time the Contract is concluded. 4.2 In the case of automatically renewing, paid service packages, the Customer may terminate the contract at the end of the respective term on the Provider's Website by accessing the corresponding function in its user account and clicking on the online cancellation button or in text form with a notice period of two weeks before the end of the contract term. If the Customer does not terminate, the selected paid service package shall be extended as follows: 4.2.1 For consumer contracts, i.e. contracts concluded by a natural person for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity (§ 13 of the German Civil Code (BGB)) and that were concluded after 03/01/2022, the selected paid service package shall be extended for an indefinite period. In these cases, both the Provider and the consumer have the right to terminate the Contract at any time with one month's notice. 4.2.2 For consumer contracts concluded before 03/01/2022, the selected paid service package shall be extended by a further year. 4.2.3 For all other contracts, the contract shall be extended by the agreed contract term. 4.2.4 Any termination shall be confirmed by the Provider electronically in text form without delay. 4.3 In the case of LimeSurvey Cloud, the paid service package shall be downgraded to the free package ("FREE") when the Customer's cancellation takes effect. 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 months of non-use, the Customer's user account, including all stored data, shall be deleted, subject to notification by email four weeks in advance. 4.4 Free Services may be cancelled by the Provider at any time with one month's notice. The Customer may cancel at any time with effect from the next business day. 4.5 The Provider may discontinue its Services at any time with two months' notice in text form. Payments made in advance shall be refunded on a pro rata basis to the extent that the Services have not yet been utilized. 4.6 The Provider and the Customer may terminate the agreed Services for good cause. § 314 BGB applies to the prerequisites. Good cause on the part of the Provider shall be deemed to exist in particular in the event of a breach of the provisions stipulated in § 4.7 and § 5 of these GTCs. 4.7 If the Customer is in arrears with a payment, the Provider may set the Customer a reasonable deadline for payment. If the Customer does not pay within this period, the Provider may terminate the contract with the Customer without notice. Any existing payment claims against the Customer shall remain unaffected in the event of cancellation. 4.8 The Provider is both obliged and entitled to update the software on a regular basis. In the event of major version jumps that are not fully backwards compatible and therefore require updates of components/data by the Customer, the Provider shall inform the Customer of this at least two months before the update. § 5 Duties of the Customer, obligations, advertising 5.1 The Customer is obliged to fill in all the fields provided on the registration form truthfully and correctly. 5.2 Multiple registrations are generally not permitted. Registration in the name of third parties is also prohibited. 5.3 The Customer is obliged to keep its access data and passwords secret and not to pass them on to third parties. Passwords must consist of at least 8 characters with upper and lower case letters and numbers. If third parties gain knowledge of the access data and/or passwords, the Provider shall be informed immediately and the access data changed by the Customer. 5.4 The Customer shall keep the information pertaining to the contract (e.g., name, address, email) that is stored in the user account up to date at all times. A corresponding configuration menu is available to the Customer in its user account for this purpose. 5.5 The Customer undertakes to use the Provider's Services in a contractually compliant and lawful manner. The Customer is not authorized to misuse them, which is particularly the case if: resources are used excessively and/or the service is checked for vulnerabilities/errors and/or the invitation system is used for email advertising and/or the service is disrupted for other customers and/or the service is used for purposes other than those for which it is intended, i.e., not for survey purposes and/or (AI) functions are used to create or use unlawful, discriminatory, misleading, offensive content, content that breaches privacy, or any other prohibited content. The Customer is responsible for all content entered by it or its users and undertakes not to disseminate any criminally relevant content, not to breach third-party rights, in particular industrial proprietary rights and general personal rights, not to breach competition law, data protection regulations, regulations about the use of artificial intelligence, or confidentiality provisions within the scope of use. In particular, the dissemination of content harmful to minors, child pornography, and extremist and racist content is prohibited. In addition, forum posts, emails or statements in the chat that are not intended for private, individual exchange of opinions, such as commercial advertising for one's own purposes or for third parties, paid service telephone numbers, junk mail, spam, chain letters, and snowball system mail, are prohibited. When using the AI functions, the Customer may only enter personal data, special categories of personal data within the meaning of Art. 9 GDPR, data about criminal convictions and acts, business secrets, or other confidential information insofar as it is required for the specific purpose, the Customer is entitled to process and disclose it, and the extent of the information is kept to the minimum necessary. Access data, passwords, authentication features, payment details, and complete participant and response data sets shall not be entered unless the Provider has expressly approved the function for processing of that sort. The AI functions are intended as aids for creating and processing survey content. They shall not be used to take independent decisions about natural persons without appropriate human verification or as the sole basis for decisions with legal or similarly significant consequences, in particular in the areas of employment, education, creditworthiness, insurance, healthcare, and access to public services. The Customer warrants that recipients of email communication sent by the Customer from LimeSurvey Cloud (e.g., invitations to participate in surveys) have consented to receiving this communication in advance. In the context of LimeSurvey Cloud surveys, the Customer shall also bear sole responsibility for the content or parts thereof published on the Internet by its participants in surveys or submitted to the Provider for publication. The Customer shall comply with the statutory provisions applicable to the publication of content and/or the access/transfer of content to the Provider for publication, in particular data protection regulations, the personal rights of participants, the laws applicable in Germany and worldwide for the protection of children, young people, and authors and for protection against terrorism and violence. The Customer is responsible for compliance with the provisions applicable in Germany to electronic business transactions. 5.6 With regard to LimeSurvey Extensions downloaded from the Provider, the Customer shall take suitable measures to protect them from access by unauthorized third parties, in particular by storing all copies of the software in a protected location. For use of the AI functions, the following also applies: AI outputs are machine-generated suggestions and may, in particular, be inaccurate, incomplete, out of date, distorted, contain misunderstandings, or be unsuitable for the intended purpose. The Customer is obliged to have the outputs verified before they are used by a person competent in the relevant area of application and have them corrected as necessary. Without verification, the outputs shall not be accepted as legal, medical, economic, or any other professional statements. The Customer is also responsible for compliance with any other marking and transparency obligations to which it is subject on publication or any other use of AI outputs. 5.7 If the Customer is culpable of breaching third-party rights in connection with its use of the Services, it shall indemnify the Provider against legitimate third-party claims to the extent specified by law. This specifically includes the obligation to indemnify the Provider against claims for injunctive relief, claims for damages or reimbursement of expenses by third parties, and all costs of legal action in the statutory amount (e.g., court and lawyer's fees), and (i) to indemnify the Provider on first request in the case of legally established claims or claims accepted by the Customer, and (ii) otherwise to indemnify the Provider against the necessary and appropriate costs of legal defense/action on provision of evidence. The Provider shall notify the Customer of third-party claims promptly and in text form and, where reasonable, give it the opportunity to take over the legal defense; settlements or acknowledgements shall only be made with the prior consent of the Customer (which shall not be unreasonably withheld). 5.8 The Customer is obliged at all times to back up its data independently. The Customer is responsible for carrying out (at least) one additional external data backup before performing any updates as part of the LimeSurvey ComfortUpdate or LimeSurvey Extension. This is intended in particular to prevent any loss of data as a result of the update, especially in the event of malfunctions caused by the update script. 5.9 The Provider is entitled to display its own advertisements and advertisements of third parties in surveys in the context of the free service. 5.10 If the Customer materially breaches one of the aforementioned obligations, the Provider has the right at its own discretion to limit or block the functions of the user account or the Services made available to the Customer at the Customer's expense, provided that blocking does not appear disproportionate in the individual case in view of the lack of materiality and scope of the breach. Claims for reimbursement or compensation by the Customer are excluded. § 6 Availability of the Services 6.1 In the case of paid Services, the Provider shall make reasonable efforts to ensure an availability of 99%, calculated per individual month during the term of the Contract, whereby the exceptions set out in this § 6 shall be observed. In the case of LimeSurvey ComfortUpdate Extension, this applies to the provision of the latest published update. No guarantee is given in this respect. 6.2 The Provider shall take reasonable, technically feasible, state-of-the-art measures in proportion to the effort required to ensure the availability of the service. The Customer shall counteract the risk of data loss during and as a result of system failures by making its own data backups (§ 5). The Provider shall only be liable in the event of and as a result of system failures insofar as it can be proven to be at fault (§ 9). 6.3 Furthermore, the Provider accepts no responsibility for ensuring that the Services offered can be utilized by Customers at all times and/or without interruption. 6.4. The Services offered are subject to technical limits, in particular disproportionate and excessive use of the Services by an excessive number of simultaneous users, which can negatively affect performance of the Services and slow down or suspend them. The technical limits are based on a load index, which depends in particular on the current main load and its originator. The general response time of users and the number of processes currently running also play a part in the load index. The Provider has no control over impairment of the Services if there is excessive use or the load index is too high. In these cases, the Customer will in particular be unable to start surveys and shall receive a corresponding notification. The Customer is not entitled to any specific level of performance or functionality, in particular not to an availability of 99%, if the load index is too high or there is excessive simultaneous use. Maintenance windows scheduled by the Provider and communicated to the Customer in advance shall not be included in the calculation of non-availability. 6.5. As far as the provision of AI functions is concerned, the availability undertakings in this § 6 apply exclusively to the technical accessibility of the platform and the computing capacity provided for that. No guarantee is provided for any specific level of accuracy, completeness, currency, legal compliance, suitability, or usability of the content of individual AI outputs. Maintenance work, security patches, model updates, and other technically essential measures constitute maintenance periods as defined by the applicable contractual provisions. Restrictions in the event of high load pursuant to § 6.4 remain unaffected. Mandatory statutory rights of the Customer for technical provision of the AI functions that is not in accordance with the contract remain unaffected. § 7 Usage authorization 7.1 Authorization to use paid Services 7.1.1 The Customer shall acquire the non-exclusive, non-sublicensable, and non-transferable right to use the paid Services in accordance with the contract. In this respect, the right of use is limited to the term of the contract. A transfer of this right to third parties (assignment/assumption of contract) is excluded; this does not apply to consumer contracts. 7.1.2 The Customer shall grant the Provider the right to access, process, and back up the uploaded content for the purpose of providing the Services available via LimeSurvey Cloud in the interest of the Customer, insofar as this is necessary in particular for support, maintenance, and billing. In addition, the Provider is entitled to use usage data in aggregated or anonymized form in which there are no personal, customer, account, installation, or survey references for product development, capacity planning, and statistical analysis. The Provider may process installation-related response and usage data only insofar as this is necessary for execution of the contract, monitoring of tariff usage limits, or billing. 7.1.3 The Customer's usage authorization shall expire completely at the end of the contract. The Customer's content is not backed up, nor is there any entitlement to the release or other transfer of the content supplied by the Customer, unless required by law. The Customer may back up its data itself at any time before the end of the contract. The commissioned data processing agreement and the rights under § 14 remain unaffected. 7.2 Authorization to use paid LimeSurvey Extensions 7.2.1 For LimeSurvey Extensions, notwithstanding the previous sections of this § 7, the information on the license for the respective LimeSurvey Extension applies, as does the following subordinate and additional provision: 7.2.2 When ordering the GPL LimeSurvey Extension, the Customer shall receive a copy of that LimeSurvey Extension, including the source code, on full payment of the agreed fee for the provision of the LimeSurvey Extension, including any LimeSurvey Extension update/support package. In this respect, the license terms of the GNU General Public License, Version 2, (GPL), which are included with the LimeSurvey Extension, apply. 7.2.3 The following applies to the purchase of a permanent standard license: (1) On full payment for the LimeSurvey Extension, the Customer shall receive a non-exclusive, perpetual right to use the LimeSurvey Extension as intended in the LimeStore to the extent specified. If a support package is ordered, the rights specified here shall also apply to any updates during the support period. The LimeSurvey Extension may only be used by the Customer in its installations in accordance with the number of licenses purchased. Authorized use includes the installation of the contractual software, loading into the working memory, and intended use by the Customer. Under no circumstances does the Customer have the right to lease or otherwise sub-license the purchased LimeSurvey Extension, to reproduce it, to make it accessible to the public by cable or wireless means, or to make it available to third parties for a fee or free of charge, e.g., via 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 secure future use. The Customer shall affix the label "Backup Copy" and a copyright notice from the manufacturer in a visible place on the backup copy that has been made. (3) The Customer is only authorized to decompile and reproduce the contractual software if this is permitted by law. However, this only applies on condition that the Provider has not made the necessary information available to the Customer on request within a reasonable period. (4) The Customer is entitled to transfer the purchased copy of the contractual software permanently to a third party, subject to the license terms specified in the LimeStore and in these GTCs. In that case, the Customer shall first inform the Provider of this in writing, stop using the program completely, remove all installed copies of the program from its computers, and delete all copies on other data carriers or hand them over to the Provider, unless it is legally obliged to retain them for a longer period. At the Provider's request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full and submit corresponding evidence. Furthermore, the Customer shall expressly agree compliance with these GTCs with the third party. In the event of a dispute, the Customer shall be obliged to provide evidence relating to all the requirements of this paragraph (4). (5) If the Customer uses the contractual software to an extent that exceeds the acquired rights of use qualitatively (with regard to the type of use permitted) or quantitatively (with regard to the number of licenses acquired), the Customer shall immediately purchase the rights of use necessary for permitted use. If the Customer fails to do so, the Provider shall assert the rights to which it is entitled. (6) Copyright notices, serial numbers and other features serving to identify the program may not be removed from the LimeSurvey Extension or altered. 7.2.4 If a temporary standard license is purchased, the content of Section 7.2.3 above shall apply accordingly, with the proviso that the right of use is limited to the term and that Section 7.2.3 (4) shall not apply. Furthermore, in the event of a breach of usage authorization, all rights of use granted shall immediately become invalid and automatically revert to the Provider. In this case, the Customer shall immediately and completely stop using the software, delete all copies of the software installed on its systems, and delete any backup copies that have been made. The same applies on expiry of the Contract term. 7.3 Usage authorization for AI functions 7.3.1. The Provider shall grant the Customer for the term of the contract a simple (non-exclusive), geographically unlimited, non-transferable and non-sublicensable right to used the AI functions to the extent specified in the contract and in accordance with the intended use. 7.3.2 All rights to the inputs shall remain with the Customer or the respective holder of the legal rights to them. The Customer shall grant the Provider for the duration of its processing a simple, restricted right to duplicate, edit, and technically process the inputs – either itself or via the commissioned data processor appointed to provide the service – exclusively to the extent necessary to provide the AI functions in accordance with the contract. 7.3.3 The Provider shall not assert any rights of its own to the outputs generated by the AI functions. Insofar as transferable rights of use arise for the Provider in relation to an output, it shall grant the Customer a simple, indefinite, geographically unrestricted right of use, duplication editing, dissemination, transfer to third parties, and other exploitation to it. 7.3.4 The Provider cannot guarantee that an output can be legally protected, is allocated exclusively to the Customer, or is free from third-party rights. Because of the way AI systems work, other Customers may be provided with the same or similar outputs. The Customer shall take appropriate steps to verify that the intended use of the output does not breach third-party rights before using it. § 8 Warranty, responsibility 8.1 The Provider neither provides a guarantee nor is liable for the free LimeSurvey Community Edition or other free Services, their functionality, or availability, insofar as is permitted by law. The Provider does not carry out any editorial, legal, technical, or methodological verification of individual AI outputs. AI outputs are machine-generated suggestions and may, in particular, be inaccurate, incomplete, out of date, distorted, contain misunderstandings, or be unsuitable for the intended purpose. The Customer is obliged to verify the outputs appropriately before they are used. Statutory rights for defects and the liability of the Provider under §9 are not affected. 8.2 The Provider shall only be responsible for unlawful content and, in particular, content and messages that affect third-party rights and are posted on the Internet via the discussion forums, in direct messages, and on 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 that content to prevent further access. Furthermore, the Provider provides no guarantee as to the accuracy and completeness of information and data that is posted on the Provider's site by third parties. Reports of suspected unlawful content may be made (anonymously) using the online form provided or by email to support@limesurvey.org. The report should include the following information: where the content has been posted (e.g. link/ID), description of the content, and reason for suspicion. Receipt of every report shall be confirmed by the Provider. Following verification, the party submitting the report shall be informed of the outcome and of any measures taken. General monitoring of content posted by Customers does not take place. 8.3 In relation to GPL-LimeSurvey Extensions, sentence 1 of Section 8.1 applies accordingly, unless they are made available as a service in the context of the LimeSurvey Cloud. 8.4. The following applies to LimeSurvey Extensions with a permanent standard license: (1) The Provider guarantees the agreed quality and that the Customer can use the contractual software without infringing the rights of third parties. The warranty for material defects shall not apply to defects that are due to the LimeSurvey Extension being used in a hardware and software environment that does not meet the requirements specified in the LimeStore or to changes and modifications that the Customer has made to the LimeSurvey Extension without being authorized to do so by law, these GTCs, or on the basis of prior written consent from the Provider. (2) If the Customer is an entrepreneur (§ 14 BGB), it shall check the contractual software for obvious defects immediately on receipt and notify the Provider immediately if any are present; otherwise, warranty cover for these defects shall be excluded. The same applies if such a defect becomes apparent at a later date. § 377 of the German Commercial Code (HGB) applies. (3) If the Customer is an entrepreneur (§ 14 BGB), the Provider is initially entitled to subsequent fulfilment in the event of a material defect, i.e., at its own discretion to remedy the defect ("remediation") or to provide a replacement delivery. As part of the replacement delivery, the Customer shall, if necessary, accept a new version of the software, unless this leads to unreasonable impairments. In the event of defects of title, the Provider shall, at its own discretion, provide the Customer with a legally unobjectionable utilization option for the contractual software or modify it in such a way that the rights of third parties are no longer infringed. Notwithstanding the above, any of the aforementioned actions are permitted without restriction in the event that the LimeSurvey software is made available to any participants in surveys. (4) The Provider is authorized to fulfill the warranty (also) on the Customer's premises. The Provider shall also have fulfilled its remediation obligation for defects if it makes updates with an automatic installation routine available for download on its homepage and offers the Customer telephone support to solve any installation problems that may arise. (5) The Customer's right to reduce the purchase price or withdraw from the contract at its discretion in the event that remediation or replacement delivery fails twice remains unaffected. There is no right of cancellation in the event of insignificant defects. If the Customer claims damages or compensation for futile expenditure, the Provider shall be liable pursuant to § 9. (6) If the Customer is a consumer, the statutory warranty regulations shall apply without restriction. (7) With the exception of claims for damages, warranty claims due to material defects shall lapse after two years or after one year if a consumer is not involved in the transaction. The limitation period shall begin on notification and activation of the download of the respective LimeSurvey Extension. § 9 shall apply to claims for damages and claims for reimbursement of futile expenditure. (8) If additional support/maintenance has been ordered, the period for remedying defects shall be based on the times specified in that context. 8.5. The following applies to LimeSurvey Extensions with a limited standard license: (1) The Provider warrants that the contractually agreed quality of the LimeSurvey Extension shall be maintained – within the scope of the technical requirements as specified in the LimeStore – during the term of the contract and that no third-party rights conflict with the contractual use of the software. The Licensor shall remedy any material defects and defects of title in the leased item within a reasonable period as far as is possible. This shall not apply to technical restrictions on the usability of the LimeSurvey Extension that are due to excessive use, as set out in § 6.4. (2) The Customer is obliged to notify the Provider in writing of any defects in the software immediately on discovery. In the case of material defects, this requires an indication of the time of occurrence of the defects and the detailed circumstances. 8.6 The following applies to LimeSurvey Extension Update/Support Packages: The statutory regulations apply to LimeSurvey Extension Update/Support Packages that can be booked in the case of Sections 8.3 and 8.4. § 9 Liability The Provider is liable, regardless of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions: The Provider is liable without limitation for damages resulting from injury to life, limb or health, in the event of fraudulent behavior, and in the event of intent or gross negligence. The Provider shall only be liable for simple negligence if material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper execution of the contract and on the fulfilment of which the contractual partner regularly relies and may expect to rely, are violated. Liability is limited to the foreseeable damage typical of the contract. These rights shall expire 12 months after they arise. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g., under the German Product Liability Act (ProdHaftG)) or liability under a no-fault guarantee. The limitations or exclusions of liability also apply to the personal liability of the Provider's employees, workers, representatives, corporate bodies, and vicarious agents. The above liability provisions also apply to damages in connection with the provision or use of AI functions and AI outputs. § 10 Data protection 10.1 The Customer is informed in the data protection information accessible under Data Protection Information about the type, scope, purpose, legal basis, recipients, storage periods, and other details of the processing of personal data. 10.2 As far as the use of AI functions is concerned, the content of the inputs and outputs is processed to generate and transfer the required outputs. Use of this content for training or fine-tuning AI models or for the purposes of the Provider's internal analysis or evaluation of the content shall not take place. 10.3 When using the Provider's Services, the Customer undertakes to comply with the provisions of data protection law, so that, in particular, the consent of participants in surveys is obtained wherever necessary and participants are adequately informed about the processing of their personal data. If – depending on the Provider's offer – the Customer selects a data region outside the European Union or the European Economic Area, it shall ensure, as far as is within its area of responsibility, that the transmission of the data required for use of the AI functions to the European Union and its processing there is permitted under the law applicable to the Customer and the data subjects. The Customer shall, in particular, fulfill any information obligations and obtain the necessary consent and other approvals. 10.4 For the processing of personal data on behalf of the Customer by the Provider, the Parties shall conclude a commissioned data processing agreement pursuant to Article 28 GDPR by electronic means, which shall become part of the existing contract as an annex. The Provider shall be entitled to remuneration from the Customer for the provision of support Services for data protection (e.g., responding to enquiries from data subjects) and for the Customer carrying out on-site inspections on the Provider's premises. In the case of support Services, this only applies if the Customer could implement the data subject rights independently but has transferred such implementation to the Provider. In the case of on-site inspections, this shall only apply if these are not necessary to safeguard the Customer's statutory inspection rights. Remuneration shall be based on time and effort at a rate of EUR 120 net per hour or part thereof. § 11 Proprietary rights of the Provider The Customer recognizes that all trademark and other proprietary rights to the LimeSurvey Cloud service and all of its trademarks belong exclusively to the Provider and may not be used without the Provider's prior written consent. Nor may any software from the service be copied, decompiled, or otherwise modified unless the Provider expressly agrees to this, it is otherwise regulated in § 7, or the respective usage action is permitted by copyright law. § 12 Right of revocation 12.1 Right of revocation for paid Services If you are a consumer within the meaning of § 13 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 right of revocation pursuant to the statutory provisions. REVOCATION INFORMATION You have the right to revoke this Contract within fourteen days without giving any reason. If you have requested that the service should commence during the revocation period, you are required to compensate us appropriately. The compensation corresponds to the extent of the Services rendered up to the time of revocation as a proportion of the total scope of the Services contractually agreed. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us – LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, info@limesurvey.org – of your decision to revoke this contract via a clear declaration (e.g., a letter sent by post or email). You can also declare your revocation using our electronic revocation function on our online user interface at: https://www.limesurvey.org/cancellation. You can use the sample revocation form attached to these GTCs, but that is not mandatory. To meet the revocation deadline, it is sufficient for you to send the notification that you wish to exercise your right of revocation before the revocation period has expired. If you use the electronic revocation function, we will immediately send you a confirmation of receipt on a permanent data carrier (e.g. by email) including the content of your revocation declaration and the date and time of its receipt. Provision of the electronic revocation function does not confer a right of revocation in cases in which no such right exists. Consequences of revocation If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have already asked for the Services to begin during the revocation period, you will have to pay an appropriate amount corresponding to the extent of the Services already rendered up to the date on which you notified us that you were exercising your right to revocation for this contract as a proportion of the total scope of contractually agreed Services. 12.2 Right of revocation for paid LimeSurvey Extensions If you are a consumer within the meaning of § 13 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 right of revocation pursuant to the statutory provisions. REVOCATION INFORMATION You have the right to revoke this Contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us – LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, support@limesurvey.org – of your decision to revoke this contract via a clear declaration (e.g., a letter sent by post or email). You can also declare your revocation using our electronic revocation function on our online user interface at: https://www.limesurvey.org/cancellation. You can use the sample revocation form attached to these GTCs, but that is not mandatory. To meet the revocation deadline, it is sufficient for you to send the notification that you wish to exercise your right of revocation before the revocation period has expired. If you use the electronic revocation function, we will immediately send you a confirmation of receipt on a permanent data carrier (e.g. by email) including the content of your revocation declaration and the date and time of its receipt. Provision of the electronic revocation function does not confer a right of revocation in cases in which no such right exists. Consequences of revocation If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. § 13 Amendments to the terms and conditions of the contract 13.1 The Provider shall render its Services in accordance with the current state of the art, taking into account economically reasonable expenditure. It is entitled to adapt its Services at any time with regard to the technology used by means of updates, in particular to improve security, stability, performance, legal compliance and technical compatibility. 13.2 At the time the Customer registers/places an order, the Provider's current GTCs apply in this respect. 13.3 With regard to ongoing contractual Services, the Provider is also entitled to amend these GTCs, its Services in accordance with the Service Description, and/or other conditions with effect for the future. Amendments shall require the Customer's consent (13.4), unless they are merely linguistic amendments/corrections. Initial provision of new optional functions that are not a part of the previous scope of the contract is regulated by Section 13.7. 13.4 The Customer shall be notified of changes to the terms and conditions of the contract by email and, if appropriate, also by a notice in the user account. The notification shall include a deadline of six weeks, within which the Customer may object to the amendments. If the Customer does not object within this period, its consent to the amended terms and conditions shall be deemed to have been granted on expiry of the period, provided that the conditions of Section 13.5 are met. The Provider shall specifically inform the Customer of the option to object and the legal consequences of failure to object in the notification. 13.5 The Customer's fiction of consent is only deemed to be acceptance of the amendment offer if the Provider is making the amendments for valid reasons, in particular in response to new technical developments, changes in the legal situation or case law, or other equivalent reasons, and provided the Customer has not rejected LimeSurvey's amendment offer before the proposed date on which the changes take effect. If the contractual balance between the Parties is significantly disrupted or the amendments are equivalent to conclusion of a new contract, the amendment shall not be carried out. 13.6 If LimeSurvey makes use of the fiction of consent, the Customer may terminate the contract affected by the amendments without notice and free of charge before the proposed date on which the amendments take effect. The Provider shall specifically draw the Customer's attention to this right of termination in the notification. 13.7 New optional functions, in particular AI functions, that are not part of the previous scope of the contract shall only be activated for existing customers if a contract administrator authorized to do so by the Customer has expressly consented to their activation. Without this consent, the functions in question shall remain deactivated; the remaining scope of the contract remains unaffected. The Provider shall document the activations and the version of the terms and conditions of the contract on which they are based. 13.8 The Provider may replace or update the AI model used, the model version, or the technical design of the AI functions for material reasons, in particular to improve security, performance, quality, stability, legal compliance, or technical compatibility. The amendment may not disproportionately impair the agreed material range of functions. Amendments that lead to a more than insignificant impairment shall be communicated to the Customer in advance in text form. Mandatory statutory information, price reduction, termination, and other rights of the Customer remain unaffected. 13.9 The initial transmission of the content of inputs or outputs to an external provider of AI models is not deemed merely to be a technical model update. Such an amendment shall take place only after prior adaptation of the Service Description and the data protection information and on fulfilment of the applicable information, amendment, and consent requirements. § 14 Change of provider and exit pursuant to the Data Act (Regulation EU 2023/2854) 14.1 The Customer may only change to another provider of public data processing services, transfer all exportable data and digital assets to an ICT infrastructure on its premises, or delete said data and assets on demand if it purchases LimeSurvey Cloud products. The Customer shall notify LimeSurvey of this intention with a notice period of two months. In the case of a change to a different provider, the Customer shall provide LimeSurvey with the necessary details of the new provider, in particular its name. 14.2 The following may be transferred in the course of the change: 14.2.1 Any category of data that the Customer has saved to the systems of LimeSurvey; "Data" within the meaning of the Data Act refers to any digital representation of actions, facts, or information and any combination of such actions, facts, or information, including in the form of audio, image, or audiovisual material; every item of data shall be provided in a structured, standard and machine-readable format; 14.2.2 also any category of digital assets that the Customer has saved in the products of LimeSurvey; "Digital Assets" within the meaning of the Data Act refers to elements in digital form – including applications – for which the Customer has a right of use, irrespective of the contractual relationship with the data processing service that it wishes to change. 14.3 On expiry of the notice period pursuant to § 14.1, LimeSurvey shall facilitate the change or transfer of the exported data and digital assets to the Customer's own ICT infrastructure for the Customer within a transition period of a maximum of 30 days, If the transition period of 30 days is not technically feasible, LimeSurvey shall notify the Customer of this within 14 working days of the notification from the Customer pursuant to § 14.1, justify the technical infeasibility properly, and provide an alternative transition period of no longer than seven months. During this alternative transition period, the Customer may continue to use the products as usual. The Customer is entitled to extend the transitional period once by a period that it considers appropriate for its purposes. 14.4 On expiry of the transition period specified in § 14.3, the Customer shall retrieve the exportable data and digital assets within a retention period of 30 days. On expiry of this retention period, the exportable data and digital assets shall be completely erased by LimeSurvey, provided that the change or export has been completed successfully. 14.5 Once the change or export has been completed successfully, the contract is deemed to have ended. If the Customer does not want to change but wishes to erase its exportable data and digital assets when the service ends, the contract is deemed to have ended on expiry of the notification period pursuant to § 14.1. 14.6 If the contract is deemed to have ended pursuant to § 14.5 before expiry of the contractually agreed contract term, the Customer shall pay LimeSurvey compensation for the premature ending of the contract. The amount of the compensation corresponds to the contractually agreed remuneration that would have been due from the Customer up to the end of the contractually agreed contract term. LimeSurvey shall, however, offset expenses that it has saved through the premature ending of the contract. 14.7 LimeSurvey shall provide the Customer and third parties authorized by it with appropriate support in completing the change and shall take account of the Customer's exit strategy in doing so. LimeSurvey shall provide the Customer with all the relevant information in this context. § 14.3 sentence 2 and 3 applies accordingly to the costs of this support. 14.8 LimeSurvey shall also act with due care to maintain the continuity of the Customer's business operation during the change and to continue with provision of the contractually agreed functions or Services. LimeSurvey shall notify the Customer in good time of known risks to uninterrupted provision of the functions or Services for which LimeSurvey is responsible as the original provider of the data processing services. While the change is being carried out, LimeSurvey shall ensure a high level of security; this applies in particular to the security of the data during transmission and the continuous security of the data during the retention period specified under § 14.4. 14.9 Information about the jurisdiction to which the ICT infrastructure is subject (see § 15) and a general description of the technical, organizational and contractual measures that LimeSurvey has taken to prevent international government access to or international government transmission of non-personal data saved in the European Union are available at https://www.limesurvey.org/toms. § 15 General information, dispute resolution 15.1 These GTCs and the entire legal relationship between the Provider and the Customer are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions on the conflict of laws. 15.2 For contracts with merchants, legal entities under public law, and special funds under public law, Hamburg is agreed as the place of fulfilment and jurisdiction. If the Customer does not have a general place of jurisdiction in Germany or if it moves its domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the registered office of the Provider. This shall also apply if the Customer's domicile or habitual residence is unknown at the time the legal proceedings are initiated. 15.3 The possible invalidity of individual provisions of these GTCs shall not affect the validity of the remaining provisions. 15.4 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. ANNEX TO THE GTCS _____ Sample revocation form (If you wish to revoke the contract, please complete this form and return it to us.) To LimeSurvey GmbH Papenreye 63 22453 Hamburg I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services (*) Ordered on (*)/received on (*) ________________________________ Name of the consumer(s) ___________________________________ Address of the consumer(s) ___________________________________ Signature of the consumer(s) (only if submitted on paper) _____________________ Date __________________________ (*) Delete as appropriate

General Terms and Conditions of Business and Use (GTCs)

As of: 2 September 2026

§ 1 Provider of the service, general information, definitions

1.1 Service Provider

The provider of the Services described below is

LimeSurvey GmbH

Papenreye 63

22453 Hamburg

Managing Directors: Jory Nagel, Carsten Schmitz

Phone: +49 40 22660066 (Not for support – paid telephone support available on request)

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Entered in the Hamburg Commercial Register
Court of Registration: Hamburg District Court
Register number: HRB 13762
VAT registration number pursuant to § 27 a VAT Act (UStG): DE301233134

(hereinafter referred to as the "Provider").

1.2 Offer, services, miscellaneous

The Provider offers various free and paid services in connection with online surveys (collectively "Services") on the Internet under the domain limesurvey.org and its subdomains (collectively "Website"). Specifically:

a. Customers

Customers are natural persons or companies who have concluded a contract with the Provider for the use of the Services (hereinafter: "Customer").

b. Free offer

LimeSurvey Community Edition

As part of the offer, the Provider offers the Customer the LimeSurvey Community Edition software, licensed under the GNU General Public License, Version 2, (GPL), for conducting online surveys for download free of charge and exclusively on the Customer's own responsibility. The terms of use of the GPL are available here and must be accepted on start of use. The Provider does not grant the Customer any rights beyond the terms of use of the GPL through use/provision of the software. After registration, the Provider shall also provide the Customer with an online forum, online documentation, a website for recording and processing error reports and feature requests and a website for translating LimeSurvey into other languages free of charge, subject to § 4.

c. Paid Services

ComfortUpdate LimeSurvey Extension

After registration and ordering, the ComfortUpdate LimeSurvey Extension packages offer the Customer, among other things, a convenient "ComfortUpdate" update retrieval option for the LimeSurvey Community Edition software hosted by the Customer. For this purpose, the Provider shall provide the Customer with an update script which, after activation by the Customer, triggers a backup of the data in the Customer's system, performs the update, and grants access to an older version of the software that has been corrected by the Provider to remove critical errors. Rights to this are granted to the Customer under the GPL license specified under a.), to which a link is provided. In addition to a free trial version for 1 month, various other paid service packages with specific, automatically extending contract terms are available, each including a maximum number of update services. Details of the service packages are shown on the Website.

LimeSurvey Cloud

After registration and ordering, the LimeSurvey Cloud service allows the Customer to create, manage and analyze online surveys directly. Participants invited by the Customer take part in these surveys. The service can generally be used free of charge up to a certain usage volume and a certain range of functions, as specified on the Website (package name: "FREE").

In addition, the Customer can order one of several paid service packages above a certain usage volume and range of functions with a specific, automatically extending contract term. Details of the service packages are shown on the Website. The Provider may, at its own discretion, make a paid service package available to the Customer free of charge for a specified period for testing purposes ("TRIAL VERSION").

AI functions

The AI functions are offered only as part of certain products and tariffs marked accordingly by the Provider. During the beta phase, their availability may be restricted to specific paid tariffs; the range of functions specified in the Service Description is definitive. If available thereafter, the Provider shall provide the Customer with optional AI functions for partial or complete creation and processing of survey structures, questions, answer options, and other text modules. This includes, in particular, generation, reformulation, translation, extension, and supplementation of existing texts. The use of AI functions is optional and is not required for other use of the Services.

The AI functions are operated through an open-source AI model in an infrastructure controlled by the Provider. The content of inputs and outputs is not transmitted to external providers of AI models to generate the respective output. Operation of the AI functions does not require any ongoing model, update, telemetry, or other requests to external AI Services.

The AI functions are clearly marked as such on the user interface. At the latest before the first direct interaction, the user is informed clearly and comprehensibly that the function concerned is based on an AI system. A condition of its use is acknowledgement of this information. Where required by law, the Provider shall provide AI-generated or AI-processed outputs with machine-readable information about origin.
Activation of the AI functions is voluntary. If the Customer rejects activation or deactivates the AI functions, the remaining Services and functions are not affected.

For purposes of product development, capacity planning, and statistical analysis of use, the Provider shall draw up anonymous, aggregated usage statistics. The statistics shall be created without any user or installation identifier, without the content of the inputs or outputs, and without any other features that allow assignment to a specific customer, a specific installation, or a specific user.

Independently of this, the Provider may record the key response and usage consumption in accordance with the tariff and based on the installation, insofar as this is necessary for execution of the contract, monitoring of tariff usage limits, or billing. This data is not used for product or usage analyses.

Payment for the AI functions is covered by the tariff payment, provided that they are included in the tariff in question and that the Provider has not indicated otherwise in the tariff. Separate invoicing based on the use of input or output tokens shall only be carried out if the tariff indicates consumption-based billing. The available range of functions is based on the respective Service Description. The Provider may deploy various AI models or model versions for various functions.

LimeStore

Registered Customers have the option of obtaining software extensions ("LimeSurvey Extension/Extensions") in digital form via an online shop offered by the Provider (hereinafter "LimeStore") in order to use extended features of the Provider's Services. The details, in particular the technical requirements, are specified in the respective LimeSurvey Extension. There is a fundamental distinction between the following LimeSurvey Extensions:

LimeSurvey Extensions that are covered by the GNU General Public License, Version 2, (GPL), as specified here ("GPL LimeSurvey Extension")
LimeSurvey Extensions offered under a permanent or temporary proprietary standard license.

With the exception of the temporary standard license (see § 7, Section 7.4), updates to the relevant LimeSurvey Extension 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 the order, the Customer shall receive the data for download from the Provider's Website and install and commission it themselves. In the case of LimeSurvey Cloud, the LimeSurvey Extension shall be installed by the Provider after the order is placed and its functions shall be made available as a service. The Provider is entitled to refuse installation if the extension cannot be installed for technical reasons or if there are other reasons that do not allow installation in the specific case. In that event, the Customer shall not incur any costs.

LimeSurvey Extension Update/Support Packages

Irrespective of the error correction in accordance with § 8, in the case of the GPL LimeSurvey Extension or the permanent standard license, the Customer can book a LimeSurvey Extension Update/Support Package for the respective LimeSurvey Extension with an automatically extending contract term for a fee or extend it in the case of update/support services included from the start. Updates to the LimeSurvey Extension published by the respective developer and any support shall be available to the Customer for the specified term. The details can be found in the information about the respective LimeSurvey Extension.

d. Applicability of these GTCs; contract language

These Terms and Conditions apply to all existing business relationships in relation to the Services specified here. They apply to all Services and apply in the version valid at the time of registration or placement of an order. Deviating terms and conditions of the Customer shall not be recognized by the Provider, unless individually agreed otherwise. If the Customer orders from the English-language website, these GTCs are also available in English for information purposes. In the event of contradictions, ambiguities or disputes, the German version of these GTCs shall take precedence.

e. General information

The offer is only intended for Customers with full legal capacity or effective representation. By placing an order, the Customer confirms that it has the necessary authorization and capacity to place the order.

§ 2 Conclusion of the contract, registration, ordering

2.1 Conclusion of contract

The contract between the Provider and the Customer for the use of the respective Services is concluded when the Customer registers on the Provider's Website and may be supplemented by an order for Services placed by the Customer.

2.2 Registration

In order to use the full range of functions available on the Provider's Website, registration is required by entering a user name and password chosen by the Customer, in conjunction with an email address. The Customer warrants that the information it has provided in connection with the registration is correct. The Customer shall inform the Provider immediately of any changes to the required data by changing the relevant fields in its user account.

2.3 Ordering free Services on the Website

In the case of the ComfortUpdate LimeSurvey Extension test package or LimeSurvey Cloud "FREE", the order is placed by the Customer registering or, in the case of prior registration, logging in and making the appropriate selection. The Customer then receives a trial license key for the ComfortUpdate LimeSurvey Extension in its user account or an activation for LimeSurvey Cloud "FREE". The ComfortUpdate LimeSurvey Extension test package runs for one month from the provision of the license key and expires automatically.

2.4 Ordering paid Services on the Website

Customers who are registered and logged in can place a binding order for paid Services, LimeSurvey Extensions, and any LimeSurvey Extension Update/Support Packages by clicking on "Buy now" in the online order form on the Provider's Website. The range of Services and details of the order are clearly displayed to the Customer during the online ordering process. The Customer receives an automated order confirmation by email.

2.5 Email orders

Orders can also be placed on request via remote communication (email) in individual cases. The Provider is authorized to charge a flat-rate fee for this after the Customer has been informed of it.

2.6 Conclusion of contract

The contract for LimeSurvey ComfortUpdate, LimeSurvey Extension Packages, LimeSurvey Cloud, or a LimeSurvey Extension is concluded immediately on successful payment by the Customer or – if approved by the Provider – immediately on payment on account. The Customer then receives a confirmation email. The selected term of the package shall begin once it is activated by the Provider. The contract shall also come into being when the package is activated by the Provider.

2.7 Range of Services

The range of Services is based on the offer the Customer has selected and can be accessed online at any time.

2.8 Storage option and access to contract text

2.8.1 The Customer can access the GTCs on the Website at any time. The Customer can also print or save this document by using the usual browser functions. The Customer can also archive the data of any order either by saving the GTCs and saving the data summarized on the last page using the browser functions during the online ordering process, or by waiting for the automatic order confirmation sent by email. This email also contains the order details and the Provider's GTCs.

2.8.2 The order data is stored by the Provider but cannot be accessed directly by the Customer for security reasons. The Provider offers each registered Customer a password-protected user account. In this account, the Customer can view data on completed and open orders and invoices and manage and save its address details, any payment details, and the newsletter.

§ 3 Prices, price changes, payment methods and conditions

3.1 Prices

The prices of the paid Services are determined by the information provided when the order is placed and are valid for the respective contract term (§ 4). All prices on the Website include the applicable value added tax, unless

the Provider has given different information on the Website for entrepreneurs pursuant to the Price Indication Ordinance (PAngV);
the Customer has identified itself as a company in the EU (except Germany) with a valid VAT registration number;
the Customer is not a resident of the EU registered for tax.

3.2 Price changes

3.2.1 In the case of automatic renewal of the Contract term, the previously agreed price shall apply with the proviso that the Provider is entitled to adjust the respective prices to changing market conditions for ongoing Services on a quarterly basis in the event of significant changes in procurement costs and changes in VAT or procurement prices, if and insofar as these costs do not only change to an insignificant extent; cost reductions shall be taken into account in the same way as cost increases. In the case of price increases, the Customer has a right of termination. In such cases, the Provider shall give advance notification in text form at least [6] weeks before the changes take effect. If the Customer exercises this right of termination, the contract shall end at the time that the price increases takes effect. 3.2.2 Otherwise, price changes for future separate orders may be made at any time and the relevant information shall be provided on the Website and/or when the order is placed.

3.3 Payment methods and conditions

3.3.1 Payment for paid Services shall be made in advance in full for the entire term of the Contract. The Customer agrees that, if the paid service is extended, the payment method last selected or currently set up in the account shall be utilized by the Provider within 14 days of the start of the new contract term following invoicing.

3.3.2 The generally accepted payment methods are shown on the Website (www.limesurvey.org/pricing) and are determined in individual cases according to the online order form on the Website during the order process. Payment on account requires prior authorization by the Provider. In this case, payments shall be made within 14 days of invoicing. The Provider is free to offer payment on account.

3.3.3 The Provider has the right to block the Customer's access to the respective service in the event of a significant delay in payment of at least one month from the due date until the outstanding claims have been settled.

3.3.4 The Customer agrees that all contractual communication shall be handled exclusively in electronic form to the extent permitted by law.

§ 4 Contract term, termination

4.1 The term of the contract specified at the time of ordering shall apply from the time the Contract is concluded.

4.2 In the case of automatically renewing, paid service packages, the Customer may terminate the contract at the end of the respective term on the Provider's Website by accessing the corresponding function in its user account and clicking on the online cancellation button or in text form with a notice period of two weeks before the end of the contract term. If the Customer does not terminate, the selected paid service package shall be extended as follows:

4.2.1 For consumer contracts, i.e. contracts concluded by a natural person for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity (§ 13 of the German Civil Code (BGB)) and that were concluded after 03/01/2022, the selected paid service package shall be extended for an indefinite period. In these cases, both the Provider and the consumer have the right to terminate the Contract at any time with one month's notice.

4.2.2 For consumer contracts concluded before 03/01/2022, the selected paid service package shall be extended by a further year.

4.2.3 For all other contracts, the contract shall be extended by the agreed contract term.

4.2.4 Any termination shall be confirmed by the Provider electronically in text form without delay.

4.3 In the case of LimeSurvey Cloud, the paid service package shall be downgraded to the free package ("FREE") when the Customer's cancellation takes effect. 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 months of non-use, the Customer's user account, including all stored data, shall be deleted, subject to notification by email four weeks in advance.

4.4 Free Services may be cancelled by the Provider at any time with one month's notice. The Customer may cancel at any time with effect from the next business day.

4.5 The Provider may discontinue its Services at any time with two months' notice in text form. Payments made in advance shall be refunded on a pro rata basis to the extent that the Services have not yet been utilized.

4.6 The Provider and the Customer may terminate the agreed Services for good cause. § 314 BGB applies to the prerequisites. Good cause on the part of the Provider shall be deemed to exist in particular in the event of a breach of the provisions stipulated in § 4.7 and § 5 of these GTCs.

4.7 If the Customer is in arrears with a payment, the Provider may set the Customer a reasonable deadline for payment. If the Customer does not pay within this period, the Provider may terminate the contract with the Customer without notice. Any existing payment claims against the Customer shall remain unaffected in the event of cancellation.

4.8 The Provider is both obliged and entitled to update the software on a regular basis. In the event of major version jumps that are not fully backwards compatible and therefore require updates of components/data by the Customer, the Provider shall inform the Customer of this at least two months before the update.

§ 5 Duties of the Customer, obligations, advertising

5.1 The Customer is obliged to fill in all the fields provided on the registration form truthfully and correctly.

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

5.3 The Customer is obliged to keep its access data and passwords secret and not to pass them on to third parties. Passwords must consist of at least 8 characters with upper and lower case letters and numbers. If third parties gain knowledge of the access data and/or passwords, the Provider shall be informed immediately and the access data changed by the Customer.

5.4 The Customer shall keep the information pertaining to the contract (e.g., name, address, email) that is stored in the user account up to date at all times. A corresponding configuration menu is available to the Customer in its user account for this purpose.

5.5 The Customer undertakes to use the Provider's Services in a contractually compliant and lawful manner. The Customer is not authorized to misuse them, which is particularly the case if:

resources are used excessively and/or
the service is checked for vulnerabilities/errors and/or
the invitation system is used for email advertising and/or
the service is disrupted for other customers and/or
the service is used for purposes other than those for which it is intended, i.e., not for survey purposes and/or
(AI) functions are used to create or use unlawful, discriminatory, misleading, offensive content, content that breaches privacy, or any other prohibited content.

The Customer is responsible for all content entered by it or its users and undertakes not to disseminate any criminally relevant content, not to breach third-party rights, in particular industrial proprietary rights and general personal rights, not to breach competition law, data protection regulations, regulations about the use of artificial intelligence, or confidentiality provisions within the scope of use. In particular, the dissemination of content harmful to minors, child pornography, and extremist and racist content is prohibited. In addition, forum posts, emails or statements in the chat that are not intended for private, individual exchange of opinions, such as commercial advertising for one's own purposes or for third parties, paid service telephone numbers, junk mail, spam, chain letters, and snowball system mail, are prohibited.

When using the AI functions, the Customer may only enter personal data, special categories of personal data within the meaning of Art. 9 GDPR, data about criminal convictions and acts, business secrets, or other confidential information insofar as it is required for the specific purpose, the Customer is entitled to process and disclose it, and the extent of the information is kept to the minimum necessary. Access data, passwords, authentication features, payment details, and complete participant and response data sets shall not be entered unless the Provider has expressly approved the function for processing of that sort.

The AI functions are intended as aids for creating and processing survey content. They shall not be used to take independent decisions about natural persons without appropriate human verification or as the sole basis for decisions with legal or similarly significant consequences, in particular in the areas of employment, education, creditworthiness, insurance, healthcare, and access to public services.

The Customer warrants that recipients of email communication sent by the Customer from LimeSurvey Cloud (e.g., invitations to participate in surveys) have consented to receiving this communication in advance.

In the context of LimeSurvey Cloud surveys, the Customer shall also bear sole responsibility for the content or parts thereof published on the Internet by its participants in surveys or submitted to the Provider for publication. The Customer shall comply with the statutory provisions applicable to the publication of content and/or the access/transfer of content to the Provider for publication, in particular data protection regulations, the personal rights of participants, the laws applicable in Germany and worldwide for the protection of children, young people, and authors and for protection against terrorism and violence. The Customer is responsible for compliance with the provisions applicable in Germany to electronic business transactions.

5.6 With regard to LimeSurvey Extensions downloaded from the Provider, the Customer shall take suitable measures to protect them from access by unauthorized third parties, in particular by storing all copies of the software in a protected location.

For use of the AI functions, the following also applies: AI outputs are machine-generated suggestions and may, in particular, be inaccurate, incomplete, out of date, distorted, contain misunderstandings, or be unsuitable for the intended purpose. The Customer is obliged to have the outputs verified before they are used by a person competent in the relevant area of application and have them corrected as necessary. Without verification, the outputs shall not be accepted as legal, medical, economic, or any other professional statements. The Customer is also responsible for compliance with any other marking and transparency obligations to which it is subject on publication or any other use of AI outputs.

5.7 If the Customer is culpable of breaching third-party rights in connection with its use of the Services, it shall indemnify the Provider against legitimate third-party claims to the extent specified by law. This specifically includes the obligation to indemnify the Provider against claims for injunctive relief, claims for damages or reimbursement of expenses by third parties, and all costs of legal action in the statutory amount (e.g., court and lawyer's fees), and (i) to indemnify the Provider on first request in the case of legally established claims or claims accepted by the Customer, and (ii) otherwise to indemnify the Provider against the necessary and appropriate costs of legal defense/action on provision of evidence.

The Provider shall notify the Customer of third-party claims promptly and in text form and, where reasonable, give it the opportunity to take over the legal defense; settlements or acknowledgements shall only be made with the prior consent of the Customer (which shall not be unreasonably withheld).

5.8 The Customer is obliged at all times to back up its data independently. The Customer is responsible for carrying out (at least) one additional external data backup before performing any updates as part of the LimeSurvey ComfortUpdate or LimeSurvey Extension. This is intended in particular to prevent any loss of data as a result of the update, especially in the event of malfunctions caused by the update script.

5.9 The Provider is entitled to display its own advertisements and advertisements of third parties in surveys in the context of the free service.

5.10 If the Customer materially breaches one of the aforementioned obligations, the Provider has the right at its own discretion to limit or block the functions of the user account or the Services made available to the Customer at the Customer's expense, provided that blocking does not appear disproportionate in the individual case in view of the lack of materiality and scope of the breach. Claims for reimbursement or compensation by the Customer are excluded.

§ 6 Availability of the Services

6.1 In the case of paid Services, the Provider shall make reasonable efforts to ensure an availability of 99%, calculated per individual month during the term of the Contract, whereby the exceptions set out in this § 6 shall be observed. In the case of LimeSurvey ComfortUpdate Extension, this applies to the provision of the latest published update. No guarantee is given in this respect.

6.2 The Provider shall take reasonable, technically feasible, state-of-the-art measures in proportion to the effort required to ensure the availability of the service. The Customer shall counteract the risk of data loss during and as a result of system failures by making its own data backups (§ 5). The Provider shall only be liable in the event of and as a result of system failures insofar as it can be proven to be at fault (§ 9).

6.3 Furthermore, the Provider accepts no responsibility for ensuring that the Services offered can be utilized by Customers at all times and/or without interruption.

6.4. The Services offered are subject to technical limits, in particular disproportionate and excessive use of the Services by an excessive number of simultaneous users, which can negatively affect performance of the Services and slow down or suspend them. The technical limits are based on a load index, which depends in particular on the current main load and its originator. The general response time of users and the number of processes currently running also play a part in the load index. The Provider has no control over impairment of the Services if there is excessive use or the load index is too high. In these cases, the Customer will in particular be unable to start surveys and shall receive a corresponding notification. The Customer is not entitled to any specific level of performance or functionality, in particular not to an availability of 99%, if the load index is too high or there is excessive simultaneous use. Maintenance windows scheduled by the Provider and communicated to the Customer in advance shall not be included in the calculation of non-availability.

6.5. As far as the provision of AI functions is concerned, the availability undertakings in this § 6 apply exclusively to the technical accessibility of the platform and the computing capacity provided for that. No guarantee is provided for any specific level of accuracy, completeness, currency, legal compliance, suitability, or usability of the content of individual AI outputs. Maintenance work, security patches, model updates, and other technically essential measures constitute maintenance periods as defined by the applicable contractual provisions. Restrictions in the event of high load pursuant to § 6.4 remain unaffected. Mandatory statutory rights of the Customer for technical provision of the AI functions that is not in accordance with the contract remain unaffected.

§ 7 Usage authorization

7.1 Authorization to use paid Services

7.1.1 The Customer shall acquire the non-exclusive, non-sublicensable, and non-transferable right to use the paid Services in accordance with the contract. In this respect, the right of use is limited to the term of the contract. A transfer of this right to third parties (assignment/assumption of contract) is excluded; this does not apply to consumer contracts.

7.1.2 The Customer shall grant the Provider the right to access, process, and back up the uploaded content for the purpose of providing the Services available via LimeSurvey Cloud in the interest of the Customer, insofar as this is necessary in particular for support, maintenance, and billing. In addition, the Provider is entitled to use usage data in aggregated or anonymized form in which there are no personal, customer, account, installation, or survey references for product development, capacity planning, and statistical analysis. The Provider may process installation-related response and usage data only insofar as this is necessary for execution of the contract, monitoring of tariff usage limits, or billing.

7.1.3 The Customer's usage authorization shall expire completely at the end of the contract. The Customer's content is not backed up, nor is there any entitlement to the release or other transfer of the content supplied by the Customer, unless required by law. The Customer may back up its data itself at any time before the end of the contract. The commissioned data processing agreement and the rights under § 14 remain unaffected.

7.2 Authorization to use paid LimeSurvey Extensions

7.2.1 For LimeSurvey Extensions, notwithstanding the previous sections of this § 7, the information on the license for the respective LimeSurvey Extension applies, as does the following subordinate and additional provision:

7.2.2 When ordering the GPL LimeSurvey Extension, the Customer shall receive a copy of that LimeSurvey Extension, including the source code, on full payment of the agreed fee for the provision of the LimeSurvey Extension, including any LimeSurvey Extension update/support package. In this respect, the license terms of the GNU General Public License, Version 2, (GPL), which are included with the LimeSurvey Extension, apply.

7.2.3 The following applies to the purchase of a permanent standard license:

(1) On full payment for the LimeSurvey Extension, the Customer shall receive a non-exclusive, perpetual right to use the LimeSurvey Extension as intended in the LimeStore to the extent specified. If a support package is ordered, the rights specified here shall also apply to any updates during the support period. The LimeSurvey Extension may only be used by the Customer in its installations in accordance with the number of licenses purchased. Authorized use includes the installation of the contractual software, loading into the working memory, and intended use by the Customer. Under no circumstances does the Customer have the right to lease or otherwise sub-license the purchased LimeSurvey Extension, to reproduce it, to make it accessible to the public by cable or wireless means, or to make it available to third parties for a fee or free of charge, e.g., via 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 secure future use. The Customer shall affix the label "Backup Copy" and a copyright notice from the manufacturer in a visible place on the backup copy that has been made.

(3) The Customer is only authorized to decompile and reproduce the contractual software if this is permitted by law. However, this only applies on condition that the Provider has not made the necessary information available to the Customer on request within a reasonable period.

(4) The Customer is entitled to transfer the purchased copy of the contractual software permanently to a third party, subject to the license terms specified in the LimeStore and in these GTCs. In that case, the Customer shall first inform the Provider of this in writing, stop using the program completely, remove all installed copies of the program from its computers, and delete all copies on other data carriers or hand them over to the Provider, unless it is legally obliged to retain them for a longer period. At the Provider's request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full and submit corresponding evidence. Furthermore, the Customer shall expressly agree compliance with these GTCs with the third party. In the event of a dispute, the Customer shall be obliged to provide evidence relating to all the requirements of this paragraph (4).

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

(6) Copyright notices, serial numbers and other features serving to identify the program may not be removed from the LimeSurvey Extension or altered.

7.2.4 If a temporary standard license is purchased, the content of Section 7.2.3 above shall apply accordingly, with the proviso that the right of use is limited to the term and that Section 7.2.3 (4) shall not apply. Furthermore, in the event of a breach of usage authorization, all rights of use granted shall immediately become invalid and automatically revert to the Provider. In this case, the Customer shall immediately and completely stop using the software, delete all copies of the software installed on its systems, and delete any backup copies that have been made. The same applies on expiry of the Contract term.

7.3 Usage authorization for AI functions

7.3.1. The Provider shall grant the Customer for the term of the contract a simple (non-exclusive), geographically unlimited, non-transferable and non-sublicensable right to used the AI functions to the extent specified in the contract and in accordance with the intended use.

7.3.2 All rights to the inputs shall remain with the Customer or the respective holder of the legal rights to them. The Customer shall grant the Provider for the duration of its processing a simple, restricted right to duplicate, edit, and technically process the inputs – either itself or via the commissioned data processor appointed to provide the service – exclusively to the extent necessary to provide the AI functions in accordance with the contract.

7.3.3 The Provider shall not assert any rights of its own to the outputs generated by the AI functions. Insofar as transferable rights of use arise for the Provider in relation to an output, it shall grant the Customer a simple, indefinite, geographically unrestricted right of use, duplication editing, dissemination, transfer to third parties, and other exploitation to it.

7.3.4 The Provider cannot guarantee that an output can be legally protected, is allocated exclusively to the Customer, or is free from third-party rights. Because of the way AI systems work, other Customers may be provided with the same or similar outputs. The Customer shall take appropriate steps to verify that the intended use of the output does not breach third-party rights before using it.

§ 8 Warranty, responsibility

8.1 The Provider neither provides a guarantee nor is liable for the free LimeSurvey Community Edition or other free Services, their functionality, or availability, insofar as is permitted by law. The Provider does not carry out any editorial, legal, technical, or methodological verification of individual AI outputs. AI outputs are machine-generated suggestions and may, in particular, be inaccurate, incomplete, out of date, distorted, contain misunderstandings, or be unsuitable for the intended purpose. The Customer is obliged to verify the outputs appropriately before they are used. Statutory rights for defects and the liability of the Provider under §9 are not affected.

8.2 The Provider shall only be responsible for unlawful content and, in particular, content and messages that affect third-party rights and are posted on the Internet via the discussion forums, in direct messages, and on 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 that content to prevent further access. Furthermore, the Provider provides no guarantee as to the accuracy and completeness of information and data that is posted on the Provider's site by third parties. Reports of suspected unlawful content may be made (anonymously) using the online form provided or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. The report should include the following information: where the content has been posted (e.g. link/ID), description of the content, and reason for suspicion. Receipt of every report shall be confirmed by the Provider. Following verification, the party submitting the report shall be informed of the outcome and of any measures taken. General monitoring of content posted by Customers does not take place.

8.3 In relation to GPL-LimeSurvey Extensions, sentence 1 of Section 8.1 applies accordingly, unless they are made available as a service in the context of the LimeSurvey Cloud.

8.4. The following applies to LimeSurvey Extensions with a permanent standard license:

(1) The Provider guarantees the agreed quality and that the Customer can use the contractual software without infringing the rights of third parties. The warranty for material defects shall not apply to defects that are due to the LimeSurvey Extension being used in a hardware and software environment that does not meet the requirements specified in the LimeStore or to changes and modifications that the Customer has made to the LimeSurvey Extension without being authorized to do so by law, these GTCs, or on the basis of prior written consent from the Provider.

(2) If the Customer is an entrepreneur (§ 14 BGB), it shall check the contractual software for obvious defects immediately on receipt and notify the Provider immediately if any are present; otherwise, warranty cover for these defects shall be excluded. The same applies if such a defect becomes apparent at a later date. § 377 of the German Commercial Code (HGB) applies.

(3) If the Customer is an entrepreneur (§ 14 BGB), the Provider is initially entitled to subsequent fulfilment in the event of a material defect, i.e., at its own discretion to remedy the defect ("remediation") or to provide a replacement delivery. As part of the replacement delivery, the Customer shall, if necessary, accept a new version of the software, unless this leads to unreasonable impairments. In the event of defects of title, the Provider shall, at its own discretion, provide the Customer with a legally unobjectionable utilization option for the contractual software or modify it in such a way that the rights of third parties are no longer infringed. Notwithstanding the above, any of the aforementioned actions are permitted without restriction in the event that the LimeSurvey software is made available to any participants in surveys.

(4) The Provider is authorized to fulfill the warranty (also) on the Customer's premises. The Provider shall also have fulfilled its remediation obligation for defects if it makes updates with an automatic installation routine available for download on its homepage and offers the Customer telephone support to solve any installation problems that may arise.

(5) The Customer's right to reduce the purchase price or withdraw from the contract at its discretion in the event that remediation or replacement delivery fails twice remains unaffected. There is no right of cancellation in the event of insignificant defects. If the Customer claims damages or compensation for futile expenditure, the Provider shall be liable pursuant to § 9.

(6) If the Customer is a consumer, the statutory warranty regulations shall apply without restriction.

(7) With the exception of claims for damages, warranty claims due to material defects shall lapse after two years or after one year if a consumer is not involved in the transaction. The limitation period shall begin on notification and activation of the download of the respective LimeSurvey Extension. § 9 shall apply to claims for damages and claims for reimbursement of futile expenditure.

(8) If additional support/maintenance has been ordered, the period for remedying defects shall be based on the times specified in that context.

8.5. The following applies to LimeSurvey Extensions with a limited standard license:

(1) The Provider warrants that the contractually agreed quality of the LimeSurvey Extension shall be maintained – within the scope of the technical requirements as specified in the LimeStore – during the term of the contract and that no third-party rights conflict with the contractual use of the software. The Licensor shall remedy any material defects and defects of title in the leased item within a reasonable period as far as is possible. This shall not apply to technical restrictions on the usability of the LimeSurvey Extension that are due to excessive use, as set out in § 6.4.

(2) The Customer is obliged to notify the Provider in writing of any defects in the software immediately on discovery. In the case of material defects, this requires an indication of the time of occurrence of the defects and the detailed circumstances.

8.6 The following applies to LimeSurvey Extension Update/Support Packages: The statutory regulations apply to LimeSurvey Extension Update/Support Packages that can be booked in the case of Sections 8.3 and 8.4.

§ 9 Liability

The Provider is liable, regardless of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions:

The Provider is liable without limitation for damages resulting from injury to life, limb or health, in the event of fraudulent behavior, and in the event of intent or gross negligence.
The Provider shall only be liable for simple negligence if material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper execution of the contract and on the fulfilment of which the contractual partner regularly relies and may expect to rely, are violated. Liability is limited to the foreseeable damage typical of the contract. These rights shall expire 12 months after they arise.
However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g., under the German Product Liability Act (ProdHaftG)) or liability under a no-fault guarantee.
The limitations or exclusions of liability also apply to the personal liability of the Provider's employees, workers, representatives, corporate bodies, and vicarious agents.
The above liability provisions also apply to damages in connection with the provision or use of AI functions and AI outputs.

§ 10 Data protection

10.1 The Customer is informed in the data protection information accessible under Data Protection Information about the type, scope, purpose, legal basis, recipients, storage periods, and other details of the processing of personal data.

10.2 As far as the use of AI functions is concerned, the content of the inputs and outputs is processed to generate and transfer the required outputs. Use of this content for training or fine-tuning AI models or for the purposes of the Provider's internal analysis or evaluation of the content shall not take place.

10.3 When using the Provider's Services, the Customer undertakes to comply with the provisions of data protection law, so that, in particular, the consent of participants in surveys is obtained wherever necessary and participants are adequately informed about the processing of their personal data. If – depending on the Provider's offer – the Customer selects a data region outside the European Union or the European Economic Area, it shall ensure, as far as is within its area of responsibility, that the transmission of the data required for use of the AI functions to the European Union and its processing there is permitted under the law applicable to the Customer and the data subjects. The Customer shall, in particular, fulfill any information obligations and obtain the necessary consent and other approvals.

10.4 For the processing of personal data on behalf of the Customer by the Provider, the Parties shall conclude a commissioned data processing agreement pursuant to Article 28 GDPR by electronic means, which shall become part of the existing contract as an annex. The Provider shall be entitled to remuneration from the Customer for the provision of support Services for data protection (e.g., responding to enquiries from data subjects) and for the Customer carrying out on-site inspections on the Provider's premises. In the case of support Services, this only applies if the Customer could implement the data subject rights independently but has transferred such implementation to the Provider. In the case of on-site inspections, this shall only apply if these are not necessary to safeguard the Customer's statutory inspection rights. Remuneration shall be based on time and effort at a rate of EUR 120 net per hour or part thereof.

§ 11 Proprietary rights of the Provider

The Customer recognizes that all trademark and other proprietary rights to the LimeSurvey Cloud service and all of its trademarks belong exclusively to the Provider and may not be used without the Provider's prior written consent. Nor may any software from the service be copied, decompiled, or otherwise modified unless the Provider expressly agrees to this, it is otherwise regulated in § 7, or the respective usage action is permitted by copyright law.

§ 12 Right of revocation

12.1 Right of revocation for paid Services

If you are a consumer within the meaning of § 13 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 right of revocation pursuant to the statutory provisions.

REVOCATION INFORMATION

You have the right to revoke this Contract within fourteen days without giving any reason.

If you have requested that the service should commence during the revocation period, you are required to compensate us appropriately. The compensation corresponds to the extent of the Services rendered up to the time of revocation as a proportion of the total scope of the Services contractually agreed.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, 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. – of your decision to revoke this contract via a clear declaration (e.g., a letter sent by post or email). You can also declare your revocation using our electronic revocation function on our online user interface at: https://www.limesurvey.org/cancellation. You can use the sample revocation form attached to these GTCs, but that is not mandatory. To meet the revocation deadline, it is sufficient for you to send the notification that you wish to exercise your right of revocation before the revocation period has expired. If you use the electronic revocation function, we will immediately send you a confirmation of receipt on a permanent data carrier (e.g. by email) including the content of your revocation declaration and the date and time of its receipt. Provision of the electronic revocation function does not confer a right of revocation in cases in which no such right exists.

Consequences of revocation

If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have already asked for the Services to begin during the revocation period, you will have to pay an appropriate amount corresponding to the extent of the Services already rendered up to the date on which you notified us that you were exercising your right to revocation for this contract as a proportion of the total scope of contractually agreed Services.

12.2 Right of revocation for paid LimeSurvey Extensions

If you are a consumer within the meaning of § 13 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 right of revocation pursuant to the statutory provisions.

REVOCATION INFORMATION

You have the right to revoke this Contract within fourteen days without giving any reason.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, 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. – of your decision to revoke this contract via a clear declaration (e.g., a letter sent by post or email). You can also declare your revocation using our electronic revocation function on our online user interface at: https://www.limesurvey.org/cancellation. You can use the sample revocation form attached to these GTCs, but that is not mandatory. To meet the revocation deadline, it is sufficient for you to send the notification that you wish to exercise your right of revocation before the revocation period has expired. If you use the electronic revocation function, we will immediately send you a confirmation of receipt on a permanent data carrier (e.g. by email) including the content of your revocation declaration and the date and time of its receipt. Provision of the electronic revocation function does not confer a right of revocation in cases in which no such right exists.

Consequences of revocation

If you revoke this Contract, we shall reimburse you for all payments we have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

§ 13 Amendments to the terms and conditions of the contract

13.1 The Provider shall render its Services in accordance with the current state of the art, taking into account economically reasonable expenditure. It is entitled to adapt its Services at any time with regard to the technology used by means of updates, in particular to improve security, stability, performance, legal compliance and technical compatibility.

13.2 At the time the Customer registers/places an order, the Provider's current GTCs apply in this respect.

13.3 With regard to ongoing contractual Services, the Provider is also entitled to amend these GTCs, its Services in accordance with the Service Description, and/or other conditions with effect for the future. Amendments shall require the Customer's consent (13.4), unless they are merely linguistic amendments/corrections. Initial provision of new optional functions that are not a part of the previous scope of the contract is regulated by Section 13.7.

13.4 The Customer shall be notified of changes to the terms and conditions of the contract by email and, if appropriate, also by a notice in the user account. The notification shall include a deadline of six weeks, within which the Customer may object to the amendments. If the Customer does not object within this period, its consent to the amended terms and conditions shall be deemed to have been granted on expiry of the period, provided that the conditions of Section 13.5 are met. The Provider shall specifically inform the Customer of the option to object and the legal consequences of failure to object in the notification.

13.5 The Customer's fiction of consent is only deemed to be acceptance of the amendment offer if the Provider is making the amendments for valid reasons, in particular in response to new technical developments, changes in the legal situation or case law, or other equivalent reasons, and provided the Customer has not rejected LimeSurvey's amendment offer before the proposed date on which the changes take effect. If the contractual balance between the Parties is significantly disrupted or the amendments are equivalent to conclusion of a new contract, the amendment shall not be carried out.

13.6 If LimeSurvey makes use of the fiction of consent, the Customer may terminate the contract affected by the amendments without notice and free of charge before the proposed date on which the amendments take effect. The Provider shall specifically draw the Customer's attention to this right of termination in the notification.

13.7 New optional functions, in particular AI functions, that are not part of the previous scope of the contract shall only be activated for existing customers if a contract administrator authorized to do so by the Customer has expressly consented to their activation. Without this consent, the functions in question shall remain deactivated; the remaining scope of the contract remains unaffected. The Provider shall document the activations and the version of the terms and conditions of the contract on which they are based.

13.8 The Provider may replace or update the AI model used, the model version, or the technical design of the AI functions for material reasons, in particular to improve security, performance, quality, stability, legal compliance, or technical compatibility. The amendment may not disproportionately impair the agreed material range of functions. Amendments that lead to a more than insignificant impairment shall be communicated to the Customer in advance in text form. Mandatory statutory information, price reduction, termination, and other rights of the Customer remain unaffected.

13.9 The initial transmission of the content of inputs or outputs to an external provider of AI models is not deemed merely to be a technical model update. Such an amendment shall take place only after prior adaptation of the Service Description and the data protection information and on fulfilment of the applicable information, amendment, and consent requirements.

§ 14 Change of provider and exit pursuant to the Data Act (Regulation EU 2023/2854)

14.1 The Customer may only change to another provider of public data processing services, transfer all exportable data and digital assets to an ICT infrastructure on its premises, or delete said data and assets on demand if it purchases LimeSurvey Cloud products.

The Customer shall notify LimeSurvey of this intention with a notice period of two months. In the case of a change to a different provider, the Customer shall provide LimeSurvey with the necessary details of the new provider, in particular its name.

14.2 The following may be transferred in the course of the change:

14.2.1 Any category of data that the Customer has saved to the systems of LimeSurvey; "Data" within the meaning of the Data Act refers to any digital representation of actions, facts, or information and any combination of such actions, facts, or information, including in the form of audio, image, or audiovisual material; every item of data shall be provided in a structured, standard and machine-readable format;

14.2.2 also any category of digital assets that the Customer has saved in the products of LimeSurvey; "Digital Assets" within the meaning of the Data Act refers to elements in digital form – including applications – for which the Customer has a right of use, irrespective of the contractual relationship with the data processing service that it wishes to change.

14.3 On expiry of the notice period pursuant to § 14.1, LimeSurvey shall facilitate the change or transfer of the exported data and digital assets to the Customer's own ICT infrastructure for the Customer within a transition period of a maximum of 30 days,

If the transition period of 30 days is not technically feasible, LimeSurvey shall notify the Customer of this within 14 working days of the notification from the Customer pursuant to § 14.1, justify the technical infeasibility properly, and provide an alternative transition period of no longer than seven months. During this alternative transition period, the Customer may continue to use the products as usual. The Customer is entitled to extend the transitional period once by a period that it considers appropriate for its purposes.

14.4 On expiry of the transition period specified in § 14.3, the Customer shall retrieve the exportable data and digital assets within a retention period of 30 days. On expiry of this retention period, the exportable data and digital assets shall be completely erased by LimeSurvey, provided that the change or export has been completed successfully.

14.5 Once the change or export has been completed successfully, the contract is deemed to have ended. If the Customer does not want to change but wishes to erase its exportable data and digital assets when the service ends, the contract is deemed to have ended on expiry of the notification period pursuant to § 14.1.

14.6 If the contract is deemed to have ended pursuant to § 14.5 before expiry of the contractually agreed contract term, the Customer shall pay LimeSurvey compensation for the premature ending of the contract. The amount of the compensation corresponds to the contractually agreed remuneration that would have been due from the Customer up to the end of the contractually agreed contract term. LimeSurvey shall, however, offset expenses that it has saved through the premature ending of the contract.

14.7 LimeSurvey shall provide the Customer and third parties authorized by it with appropriate support in completing the change and shall take account of the Customer's exit strategy in doing so. LimeSurvey shall provide the Customer with all the relevant information in this context. § 14.3 sentence 2 and 3 applies accordingly to the costs of this support.

14.8 LimeSurvey shall also act with due care to maintain the continuity of the Customer's business operation during the change and to continue with provision of the contractually agreed functions or Services. LimeSurvey shall notify the Customer in good time of known risks to uninterrupted provision of the functions or Services for which LimeSurvey is responsible as the original provider of the data processing services. While the change is being carried out, LimeSurvey shall ensure a high level of security; this applies in particular to the security of the data during transmission and the continuous security of the data during the retention period specified under § 14.4.

14.9 Information about the jurisdiction to which the ICT infrastructure is subject (see § 15) and a general description of the technical, organizational and contractual measures that LimeSurvey has taken to prevent international government access to or international government transmission of non-personal data saved in the European Union are available at https://www.limesurvey.org/toms.

§ 15 General information, dispute resolution

15.1 These GTCs and the entire legal relationship between the Provider and the Customer are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions on the conflict of laws.

15.2 For contracts with merchants, legal entities under public law, and special funds under public law, Hamburg is agreed as the place of fulfilment and jurisdiction. If the Customer does not have a general place of jurisdiction in Germany or if it moves its domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction shall be the registered office of the Provider. This shall also apply if the Customer's domicile or habitual residence is unknown at the time the legal proceedings are initiated.

15.3 The possible invalidity of individual provisions of these GTCs shall not affect the validity of the remaining provisions.

15.4 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

ANNEX TO THE GTCS

_____

Sample revocation form

(If you wish to revoke the contract, please complete this form and return it to us.)

To

LimeSurvey GmbH

Papenreye 63

22453 Hamburg

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

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

Name of the consumer(s) ___________________________________

Address of the consumer(s) ___________________________________

Signature of the consumer(s) (only if submitted on paper) _____________________

Date __________________________

(*) Delete as appropriate

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General Terms and Conditions of Business and Use (GTCs)

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