LimeSurvey.org Terms & Conditions Center
- General Terms of usage for limesurvey.org
- Terms & Conditions of LimeSurvey Professional
- Terms & Conditions for Surveyor Premium Package
General Terms of usage for LimeSurvey.orgAs of: April 1st, 2017
The following regulations apply to the Internet offers of LimeSurvey GmbH availabe on all limesurvey.org websites and are for users who have registered with these offers. By registering or logging in the user declares to have read and to agree to these terms and conditions.
The Internet services of LimeSurvey GmbH are available to individuals worldwide.
If registration has already been completed at a LimeSurvey GmbH website, the user can make use of the services of these and all other LimeSurvey GmbH websites using their username and password without have to re-register.
Under the contract, LimeSurvey GmbH offers the customer software for conducting online surveys and corresponding support services (see Paragraphs 4 and 7 et seq.). The "LimeSurvey" software package is made available under the GNU General Public License, Version 2 (GPL) licensed survey software; the "LimeSurvey" software package is provided without charge to the customer. In addition, LimeSurvey GmbH provides to its customers free of charge a forum where the customer can talk to other customers, as well as a wiki doc (docs.limesurvey.org), a website for the recording and processing error reports and feature requests (bugs. limesurvey.org), as well as a website to translate LimeSurvey in other languages (translate.limesurvey.org)
Use of the purchasable Premium Services Surveyor Package and hosting services (LimeSurvey hosting, LimeService) on LimeSurvey.org is subject to their respective general terms and conditions.
Registration is required to use the full functional scope of the LimeSurvey GmbH websites including Community. The User warrants that the information provided by them in connection with the registration is accurate. They shall notify LimeSurvey GmbH of any changes in the required data by changing the relevant fields in their profile immediately. Should a user fail to fulfil this obligation, they shall bear all resulting disadvantages.
The use of the services of the LimeSurvey GmbH websites is based on registration under a user name and a password, which the user can choose.
The use on behalf of or for third parties - without their consent - and the multiple registration of a user under different names is strictly prohibited.
If registration is already carried out on one of the LimeSurvey GmbH websites, the user can use that user name and password to access all other services without re-registering.
The contract between the user and LimeSurvey GmbH is concluded upon registration. The term of the contract and any related use of the offered services is time indefinite; the user can at any time independently terminate it.
3. Obligations of users
The user agrees to a lawful use of the services of the websites of LimeSurvey GmbH.
The User undertakes not to use any illegal content or violate rights of others (including intellectual property rights, competition law, and the general right) within the context of use of the present services. In particular, the dissemination of content that is harmful to minors, child pornography, extremist or racist is prohibited.
In addition, posts, mass e-mails or comments in the chat that are not for the purpose of private, individual exchanges of views, such as commercial advertising for the user's own purposes or for third parties, premium-rate telephone numbers, junk mail, spam, chain letters, and pyramid schemes-mails are prohibited.
Should LimeSurvey GmbH learn of tortious use by the user or should the LimeSurvey GmbH § 5 TDG be alleged to have been used in a tortious manner by third parties, LimeSurvey GmbH will share personal data to law enforcement and regulatory authorities as required by statutory provisions. Should a review of the legality of the transmission or the objectionable use of LimeSurvey GmbH be required by law, LimeSurvey GmbH will comply.
The user releases LimeSurvey GmbH from all claims against the LimeSurvey GmbH that may be filed concerning a violation of these provisions by the contractor or third parties attributable thereto.
LimeSurvey GmbH does not guarantee the continuous availability of its services. LimeSurvey GmbH is liable for damages, regardless of legal grounds, but especially those that result from the non-availability of services, only in the case of gross negligence or intent.
LimeSurvey GmbH assumes responsibility for unlawful content, and specifically content and messages impacting the rights of third parties that are shared online by users in the discussion forums, direct messages, and chat channels on the websites LimeSurvey GmbH only if LimeSurvey GmbH has knowledge of the content and it is technically and economically possible for LimeSurvey GmbH to block this content from further access. In addition, LimeSurvey GmbH assumes no responsibility for the accuracy and completeness of information and data provided by third parties on the website of LimeSurvey GmbH.
LimeSurvey GmbH is not responsible for external content to which it merely provides access (§ 5 para. 3 TDG). However, LimeSurvey GmbH points out that a commitment to prevent the use of illegal content within the meaning of the Teleservices Act may still exist and LimeSurvey GmbH will make use of the following rules.
5. Data protection
The user agrees that any information they provide on the LimeSurvey GmbH website in accordance with the Federal Data Protection Act (Act), the Telecommunications Act (TKG), the Regulation on data protection for companies providing telecommunications services, and the Teleservices Data Protection Act (TDDSG ), are stored and processed as far as is necessary for the implementation of the contract.
Moreover LimeSurvey GmbH treats the data confidentially and with the agreement of the users. Any collection or processing of users' personal data beyond the scope described is carried out only with prior consent given by the user.
In particular, the disclosure of information regarding other users of the LimeSurvey GmbH offers occurs only to the extent necessary to maintain these services (particularly age, sex, living environment); otherwise each user determines to what extent to pass on their personal data to other users.
Data are kept only so long as it is required under this Agreement and in compliance with the applicable law.
The user has been informed in detail of the nature, extent, location, and purpose of the collection, processing, and use of personal data necessary for the execution of services. The user explicitly agrees to this electronic data processing.
6. Final provisions
This contract is subject to the laws of the Federal Republic of Germany.
The place of performance for any payments for services indicated in the contract is Hamburg.
Should one or more provisions of this agreement be or become invalid, the validity of the remaining provisions will not be affected.
Terms & Conditions for the online service LimeSurvey Professional
As of: April 1st, 2017
§ 1 Service provider, General, Definitions 1
§ 2 Conclusion of the contract, Scope of services 2
§ 3 Storage option and access to contract text 3
§ 4 Prices, Price changes, Payment methods and conditions 3
§ 5 Contract duration and termination 4
§ 6 Customer obligations and duties 4
§ 7 Usage authorisation 6
§ 8 Availability of services 6
§ 9 Liability 7
§ 10 Rights of the provider 7
§ 11 Right of revocation for paid service packages 7
§ 12 Changes to the terms of the contract 9
§ 13 General 10
§ 1 Service Provider, General, Definitions
Barmbeker St. 7a
CEO: Carsten Schmitz
Telephone: +49 40 40197484 (No support - paid telephone support on request)
Registered in the Hamburg Commercial Register
Registry office: Hamburg Regional Court
Registration number: HRB 13762
VAT ID per §27a Sales Tax Law: DE301233134
(hereinafter: "Provider") operates a service as an online provider under domains which include the following: https://www.limesurvey.org/. limequery.com, limequery.org (hereinafter "LimeSurvey Professional"), where customers can create, manage and evaluat online customer surveys. Participants invited by the customer participate in these surveys.
Customers are users of the service who have completed a contract with the provider for the use of the service (hereinafter: "Customer").
The services of the provider are available to the customer in German and English. The language of the contract text is dependent on whether the customer has ordered from the German version or the English version of the website.
These terms and conditions apply to all existing business relationships. They apply to all services within the scope of the service and apply in the version valid at the time of registration or when the order is placed. Differing conditions of the customer are not recognised by the provider.
With the creation of a LimeSurvey Professional Installation at LimeSurvey.org, the customer explicitly agrees to these terms and conditions.
§ 2 Conclusion of the contract, Scope of services
The contract between the provider and the customer on the use of the service shall be concluded following the registration on the website by customers who have full legal capacity or are effectively represented.
The service is generally available for free up to a certain response volume (Basic model "Professional Hosting Subscription -FREE-"). In addition, the customer can order one of several premium service packages over a specific response volume, for an extension of the service of the provider with a specific automatically prolonged contract period. The order is generally placed as follows:
a) the customer clicks on the link "service" on the website of the provider,
b) he selects a particular service package at the designated price by clicking on the linked page,
c) he fills out the order form, selects a payment method, clicks "next" and
d) he receives an order summary on the last page, and by clicking on the button "buy now" the order is completed and will
e) be forwarded for payment to the respective payment service provider, and finally, the customer returns to the site of the provider after the payment has been made.
The customer receives an automated order confirmation email.
The customer can correct errors made when completing the ordering process. In order to do this, proceed as follows: By clicking on the "back" button during the order process, by pressing the "back" button of the browser or by closing this respectively before pressing the "buy now" button on the last order step.
In addition to placing orders via the online shop system, orders can also be placed via remote communication (email), for which the order process for the creation of a contract comprises the following steps:
Sending an order email
Confirmation email for the contract
If the respective response volume of a paid service package is exhausted, it is possible to order a further package. Unused response volume expires at the end of each contract period.
The contract for a paid service package shall be delivered with the respective order following successful payment by the customer. The customer will then receive confirmation of this by email. The chosen duration of the package begins with the release by the provider.
The scope of services results from the usage model selected by the customer. The list of valid survey packages and the free-of-charge basic model can be viewed at https://www.limesurvey.org/index.php/about-limesurvey/features .
§ 3 Storage option and access to contract text
The customer can view the respective general terms and conditions of business on the website under the general terms and conditions of business. Furthermore, he can print or save this document by using the usual function of the browser - (usually "File"> "Save As"). The customer can also store the order data by either saving the general terms and conditions and the order summary on the last page of the order process using the save function of the browser, or wait for the automatic order confirmation. This order confirmation email again contains the order data and is easy to print or save using an email programme.
The order data is saved by the provider, although this cannot be directly called up by the customer for security reasons. The provider offers a password-protected direct access ("My Account") for each registered customer. Here, it is possible to view and manage data on completed and open orders, invoices and address data, any payment data and any newsletters.
§ 4 Prices, Price changes, Payment methods and conditions
The price of the paid service packages are based on the respective details when ordering and the period of the contract. In the event of the automatic extension of the contract period, the previously agreed price applies under proviso of point 2 below.
The provider is entitled to adjust the respective price list quarterly to accommodate changing market conditions, in the event of significant changes in the cost of procurement, changes in VAT or procurement prices. If there are price increases which significantly exceed the regular increase in the cost of living, the customer has a right of termination. In these cases, this is communicated to him in writing by the provider.
Incidentally, price changes for future orders may happen at any time.
The payment for the paid service packages is made entirely in advance to activate these for the entire contract period. The customer agrees that the last selected payment method will be used to extend the premium service package, and other services of this contract are invoiced separately within 14 days after the start of the new contract period by the provider.
Available payment methods are payment by credit card, PayPal and SEPA Direct Debit.
Moreover, the provider has the right to block the customer's access to the service in the event of a considerable delay in payment of at least one month from the customer's due date until payment of the outstanding debts.
§ 5 Contract duration and termination
The period of the contract is the duration of the paid service package. The FREE model is for an indefinite period of time.
The customer can cancel the selected paid model at any time up to the expiry of the contract period on the website under "<Your username>" > "Your LimeSurvey Profile"> "Billing" > "Orders" by clicking on "Cancel", or by written notice 7 days before the end of the contract period. On the effective date of termination, the paid service package will be downgraded to the FREE model. If the customer does not terminate the contract, the selected paid service package is extended by the length of the previous contract period, for a maximum of one further year.
Both parties may terminate the FREE model in writing with a notice period of 1 month.
If the FREE model is not used for a period of 4 months, the customer account becomes inactive. After 24 unused months, the customer's account is deleted including all stored data after a notice period, delivered by email, of four weeks.
The provider may, after giving notice of 2 months in writing, adjust its services at any time. Payments made are proportionally reimbursed for the unused response volume associated with the paid service package on the effective date of termination.
§ 6 Customer obligations and duties
The customer is obliged to truthfully and accurately complete all the fields provided in the registration form. In the event of false information being presented during registration or misuse of LimeSurvey Professional , the provider reserves the right to remove the account along with all data immediately.
The customer may exclusively use LimeSurvey Professional for the intended purpose - namely, conducting surveys.
The customer is obliged to keep his access data and passwords secret and not disclose these to third parties. Passwords must be at least 6 characters with uppercase and lowercase letters, numbers and special characters. If third parties obtain knowledge of the access data and/or password, the provider is to be informed thereof immediately.
The customer is generally not entitled to register more than once and/or to misuse LimeSurvey Professional, which is specifically the case when resources are used excessively and/or the service is checked for errors/weaknesses, and/or the referral system is used for email advertising and/or the operation disturbs other customers.
The customer is obliged to back-up data independently at all times. The provider creates a voluntary precautionary data back-up every 24 hours in general.
The customer is solely responsible for the legal implementation of LimeSurvey Professional. He bears the responsibility alone for the content of his subscribers published on the Internet or for the provider to publish submitted content or parts thereof. He must observe the rules in the publication of content and/or during the transfer of content to the provider for publishing laws and especially legislation on data protection, the privacy rights of the participants, which are applicable in Germany and internationally for the protection of children, adolescents, and authors and for protection against terrorism and violence. The customer is responsible for compliance with the applicable regulations in Germany for electronic commerce. The customer releases the provider of all claims and demands by third parties due to the violation of rights in connection with the customer, attributable to the use of LimeSurvey Professional. This includes, in particular, the obligation to indemnify, or to indemnify at first demand, the provider of injunctive relief and damages or compensation claims by third parties, as well as all legal costs (e.g. court and legal fees).
- The provider is entitled to display appropriate advertising for his own purposes and by and for third parties as part of the free service for surveys, e.g. by using the Google AdSense service. To this end, so-called cookies, which are small text files, are stored in the browser memory for the participant of the survey, and so-called web beacons (invisible graphics) are also used. The customer agrees to this. The provider warrants that in this respect a data protection-compliant application is used in deviation from section 6.
- The customer is under obligation to keep any contract-related information (e.g. name, address, e-mail) updated in the user account at all times. A corresponding configuration menu is available for the customer in their user account.
- If the customer breaches any of their obligations, the provider has the right to terminate the user account at the customer's expense, insofar as blocking in individual cases does not appear disproportionate due to the lack of relevance and scope of the infringement. In the event of serious or repeated violations of the customer to fulfil his obligations, the provider is entitled to an immediate termination of the contract. Customer claims resulting from paid service packages expire without compensation in this case.
§ 7 Usage authorisation
The customer has the non-exclusive and non-transferable right to use LimeSurvey Professional in accordance with the contract. In the case of paid packages, the usage right is time limited. A transfer of the rights to a third party (assignment/transfer of contract) is excluded.
Customer usage rights are terminated at the end of the contract. The customer content is neither backed up, nor is there an entitlement to restitution or other transfer of the content posted by him. The customer may back up their data at any time until the contract itself expires.
If an adjustment of the contractual service of LimeSurvey Professional takes place, the usage authorisation is removed completely at the time of implementation.
The customer permits the provider to access and back up the implemented contents for services provided by LimeSurvey Professional for the purpose of the interest of customers. The provider does not receive further rights in terms of customer-supplied content.
§ 8 Availability of services
The provider does not guarantee and/or fundamentally assure the availability of their services.
In the event of paid service packages, an availability of 99% is guaranteed, which is calculated per single week in each case for the duration of the contract. No guarantee is given in this respect.
The provider shall provide reasonable, technically feasible measures necessary for the provision of service availability corresponding to state of the art technology, as well as being appropriately proportional to expenses. The user should counteract the risk of data loss during, and as a result of, system failures through their own backups. A liability to the provider only exists by and only in so far as a result of system failures, where the fault of the provider (§ 9) can be detected.
The provider assumes no responsibility in this context that the services offered at any time and/or without interruption can be claimed upon by the users.
§ 9 Liability
The provider is liable, for whatever legal reason, in accordance with legal provisions only in accordance with the following provisions:
The provider is liable without limitation for damages resulting from injury to life, body or health and for damages based on intent or gross negligence of the provider or one of his legal representatives or agents, as well as damages for non-compliance of a provider's guarantee or guaranteed property, or for fraudulently concealed defects. The provider is liable under the limitation on compensation of contractually typical damage for such damages caused by a slight negligent breach of contractual obligations by him or one of his legal representatives or agents. Obligations essential for the contract are those that must be fulfilled first in order to ensure the fulfillment of the contract, and on whose compliance the contractual partner may rely.
The provider is not liable for any other cases of ordinary negligence.
The provisions of the Product Liability Act remain unaffected.
The provisions of paragraph 1-3 also apply to the personal liability of employees, representatives, organs and agents of the provider.
§ 10 Rights of the provider
The customer acknowledges that all trademarks and other intellectual property rights in the services of LimeSurvey Professional and all logos of the same are the exclusive property of the provider, and may not be used without the prior written consent of the provider. Also, no software of the offer may be copied, decompiled or otherwise altered unless the provider has explicitly agreed otherwise or their use is permitted by the Copyright Act.
§ 11 Revocation of paid service packages
If the customer is a consumer according to section 13 of the BGB (German Civil Code), he is entitled to a statutory right of revocation.
Right of revocation
You have the right to cancel this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days from the date of the conclusion of the contract.
To exercise your right, you should inform LimeSurvey GmbH "LimeSurvey.com" Barmbeker Str. 7a, 22303 Hamburg with a clear declaration (e.g. via post or email) that you wish to revoke this contract. You may use the attached revocation form template for this purpose, but this is not compulsory.
In order to comply with the revocation period, it is sufficient for you to send us notice that you are exercising your right of revocation before the revocation period has expired.
Consequences of revocation
If you choose to cancel this contract, we will refund all payments we have received from you, including shipment costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), without delay, and at the latest within fourteen days from the date on which we received the notice of revocation from this contract. The repayment will be made using the same payment method as used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have already asked for service to begin during the period prior to your revocation, you will have to pay an appropriate amount corresponding to the service already provided up to the date on which you notified us that you were exercising your right to revoke this contract, prorated to the total scope of services provided for in the contract.
Sample revocation form
(If you would like to cancel the contract, please complete this form and send it back to us.)
Barmbeker St. 7a
- I/we(*) hereby give notice that I/we(*) withdraw from my contract regarding the purchase of the following goods(*)/provision of the following service(*):
- ordered on (*) / received on (*)
- Consumer's name
- Consumer's address
- Consumer signature (only required for notices provided by post or fax)
(*) Delete where inapplicable
§ 12 Changes in contract provisions
The provider shall provide its services according to the current state of the art technology taking commercially reasonable expense into account. He is entitled to adapt his services in terms of the technology used at any time.
The provider is entitled moreover to vary its performance according to the terms of reference and/or the general terms and conditions of business and/or other terms with effect for the future. The provider will make these changes only for valid reasons, particularly because of new technological developments, changes in jurisprudence or other equivalent reasons. If there is significant disruption in the contractual balance between the parties as a result of the change, then the change shall remain undone. Furthermore, any changes require the agreement of the customer.
The customer will be informed by a notice in the login area of LimeSurvey Professional and / or by email about changes of the aforementioned conditions. The notification to the customer will include a reasonable time to object to the changed conditions. If the customer does not object to the amended terms within the specified period, consent shall be deemed granted. The provider will in particular, advise the customer in the notification of the possibility of appeal and the legal consequences of failing to object.
§ 13 General
These General Terms and Conditions of Business and the entire legal relationship between the provider and the customer fall under the laws of the Federal Republic of Germany, excluding the UN Sales Convention.
For contracts with merchants, legal persons of public law and public special assets the place of performance and jurisdiction is Hamburg. If the customer has no general jurisdiction in Germany or if during the validity of the contract, he moves his domicile or habitual residence outside the scope of the Federal Republic of Germany, the place of business of the provider is the place of jurisdiction. This also applies if the domicile or habitual residence of the customer is not known at the time the action is filed.
The possible invalidity of individual provisions of these General Terms and Conditions of Business shall not affect the validity of the remaining provisions. Void or invalid provisions shall be replaced by those whose content and purpose come closest to the economic intent; the same applies for any regulatory gaps in these General Terms and Conditions of Business.
The data protection declaration of the provider applies to the services made available through LimeSurvey Professional.
Differing individual agreements must be in writing. This also applies to a deviation from this requirement.
General Terms & Conditions for Surveyor Premium Packages
As of: July 1st, 2016
Table of Contents
Section 1 Service Provider, General, Definitions
Barmbeker Str. 7a
CEO: Carsten Schmitz
Phone: +49 40 40197484
Registration court: Amtsgericht Hamburg
Registration number: HRB 137625
VAT Identification Number in accordance with section 27(a) of the German Value Added Tax Act: DE301233134
(hereinafter: the "Provider") operates, among other things, the domain http://www.limesurvey.org on the Internet, via which its visitors can download the open source survey tool LimeSurvey (under "GPL v2 or later") and can get more information on this, and can reserve both a test version of the comfortable update retrieval option "ComfortUpdate" and additional (paid) premium packages, which grant the visitor this comfortable update retrieval option "ComfortUpdate" and which grant access to an old version of the software which has had critical errors removed by the Provider (hereinafter: the "Service"). The survey tool LimeSurvey is not the subject of these Services. Rights thereto are not granted by the Provider.
Customers are users of the service (hereinafter: "Customer").
The offers from the Provider are available to the Customer in German and English. The language of the contract text depends on the fact of whether the Customer has ordered from the German version or the English version of the website.
These terms and conditions apply to all existing business relationships. They apply to all services within the scope of the service and apply in their version valid at the time of registration or the time that the order is placed. Differing conditions of the Customer are not recognized by the Provider.
By registering with LimeSurvery.org the Customer agrees to these conditions explicitly.
Section 2 Conclusion of the Contract, Terms of Reference
The contract between the Provider and the Customer on the use of the service shall be delivered by the registry on the website by clients who have full legal capacity or are effectively represented.
As part of the Service, the Customer can in addition to a one-month free trial package with a certain number of update services (“Comfort Update"), order one of several paid temporary service packages ("Premium Package") with a different, specified contract period and different, respective number of maximum included update services ("Comfort update"), which can be accessed as long as updates are available. This makes convenient software upgrades of LimeSurvey possible. For this purpose, the Provider makes a respective update script available which, according to the respective activation by the user, initiates a backup of the data in the user's system and performs the update. Furthermore, in the case of premium package, there is access to the old version of the software, whereby the critical errors that seriously threaten the security of the software have been rectified by the Provider. Other benefits of the software are not provided.
The order is essentially carried out as follows:
a) The Customer clicks on the website on the "Services" link
b) he chooses the desired package by clicking "Start Now" in the case of the test package or "Buy Now" in the case of the premium package on the linked page,
c) in the case of the test package the Customer registers or logs in with his account information in the case of a previous registration and then receives a test licence key deposited in his account or
d) in the case of a premium package
aa) the Customer registers and fills out the order form or logs in with his account information in the case of previous registration and clicks on "Next"
bb) he selects the next step, a payment model (one-time payment or subscription) and a payment method, accepts the General Terms and Conditions and clicks on "Next" and
cc) on the last page receives an Order Summary and can, by clicking on the button "Pay now", complete the order and will then be
dd) forwarded for payment to the respective payment service provider, and finally is returned to the site of the Provider after payment is complete.
In the case of the premium package the Customer receives an automated order confirmation by email.
The contract for a paid Service package shall be delivered with the respective order after successful payment by the Customer. Then the Customer will receive a confirmation email about this. The chosen duration of the package begins with the release by the Provider.
The scope of services results from the premium package selected by the Customer. The list of valid premium packages and the free trial package can be viewed at https://www.limesurvey.org/de/services-3 .
Section 3 Storage Option and Viewing Contractual Text
The Customer can view the respective General Terms and Conditions on the websites under "General Terms and Conditions". He can also print or save this document by using the usual function of the browser - (usually "File"> "Save As"). The Customer can also additionally archive the data of the order, either by saving the General Terms and Conditions and saves summarized data on the last page of the order process using the functionality in his browser or waiting for the automatic order confirmation. This order confirmation email again contains the data of his order and the General Terms and Conditions of the Provider and is easy to print or save via his email software.
The order data is saved by the Provider, although this is not directly retrievable by the Customer due to security reasons. The Provider offers a password-protected direct access (“My Account") for each registered Customer. Here he can see data on completed and open orders and invoices and his address data, manage and store any numerical data and any newsletters.
Section 4 Prices, Price Changes, Payment Types and Conditions
The price of the chargeable service packages are based on the respective information given on the order and for the period of the contract. The Customer can choose between a package with a single term or a package subscription which automatically extends. In the case of the automatic extension of the contract period, the previously agreed price under proviso of point 2 below applies.
The Provider is entitled to adjust the respective price list quarterly to accommodate changing market conditions, in the case of significant changes in the cost of procurement, changes in VAT or procurement prices. If there are price increases which significantly exceed the standard increase in the cost of living, the Customer has a right of termination. In these cases this is communicated to him by the Provider in writing.
In other respects, price changes for future orders may happen at any time.
The payment of the fee-based services ("premium packages") is carried out in full, in advance, for the entire contract period. The Customer agrees that the payment method last chosen or currently associated with the account will be used for the extension of paid premium packages by the Provider, within 14 days of the beginning of the new contract period in question, after the invoice has been raised.
Available payment methods are payment by credit card, PayPal, SEPA direct debit mandate or Skrill.
Moreover, the Provider has the right to block the Customer's access to the Service in the case of considerable delay in payment lasting at least one month from the due date for the Customer, until payment of the outstanding debts.
Section 5 Term and Termination
The term of the contract for the paid premium package shall apply as from conclusion of the contract. The test package has a duration of one month from the provision of the licence key.
The Customer may terminate the selected subscription for the respective premium package before the end of the contract period via the Provider's website by going to "Log in"> "My orders" by clicking on "cancel" or by giving 2 weeks' notice in written form. If the Customer does not terminate the contract, the selected pay service package is extended by the length of the previous contract period, for a maximum of one further year.
The Provider may, after giving 2 months' notice in writing, discontinue its services at any time. Payments made are refunded proportionally.
Section 6 Customer Obligations, Other Duties
The Customer is obliged to truthfully and accurately complete all the fields provided in the registration form. In the event that false information is given when registering, the Provider reserves the right to immediately remove the account along with all data.
The Customer is obliged to keep his access and passwords secret and not disclose these to third parties. Passwords must be of at least 6 characters with uppercase and lowercase letters, numbers and special characters. If third parties become cognisant of the login details and/or passwords, the Provider is to be informed immediately thereof.
The Customer has to keep his contract-related information (e.g. name, address, email address) constantly updated on the User account. A corresponding configuration menu is available for the Customer on its user account.
If the Customer breaches any of its obligations, the Provider has the right to block the Customer's user account at the expense of the latter, insofar as blocking in the case in point does not appear disproportionate due to the lack of relevance and scope of the infringement.
The Customer is responsible for making (at least) one additional external backup before carrying out any updates authorised by him within the scope of ComfortUpdate. This should in particular prevent any data loss due to the update, especially in the event of malfunction or of a failed backup via the update script.
Section 7 Availability of Services
The Provider does not guarantee and/or fundamentally assure availability of its services.
In the case of the paid premium packages, an availability rate of 99% is guaranteed for the "ComfortUpdate", calculated per single week of the contract period, following publication of each update. No guarantee is given in this respect.
The Provider shall provide measures to this effect which are reasonable, technically feasible and which correspond to the state of the art, as well as in relation to expenses, so as to provide Service availability. The user has to counteract the risk of data loss during and as a result of system failures through his own backups. A liability to the Provider only exists by and only in so far as a result of system failures, where his fault (section 8) can be demonstrated.
The Provider assumes no responsibility in this context that the offered services may be used by the users at any time and/or without interruption.
Section 8 Liability
The Provider has unlimited liability for fraudulent conduct and for intent and gross negligence.
The Provider assumes liability for simple negligence - except in the case of injury to life, limb or health - only if essential contractual obligations, the non-fulfilment of which may hinder the proper execution of the contract in the first place and on whose observance the contractual partner regularly depends and may depend. Liability is limited to typical and predictable losses. These claims expire after 12 months after their emergence.
Liability for indirect and unforeseeable damage, loss of production and use, loss of profits, loss of savings and financial losses due to claims of third parties, are excluded in the case of simple negligence - except in the case of injury to life, limb or health.
Any further liability other than in this contract is excluded, regardless of the legal nature of the asserted claim.
The foregoing limitations or exclusions do not, however, apply to statutorily-prescribed strict liability (e.g. in accordance with product liability law) or liability resulting from a strict-liability warranty.
To the extent that liability under paragraphs 2 - 4 is excluded or limited, this also applies to the personal liability of employees, representatives, bodies and agents of the Provider.
Section 9 Right of Cancellation for Premium Package
Insofar as the Customer is a consumer according to section 13 of the BGB (German Civil Code), he is entitled to a statutory right of withdrawal.
Section 10 Changes to the Contractual Terms
The Provider shall provide its services according to the current state of the art, taking commercially reasonable effort into account. It is entitled to adapt its services in terms of the technology used at any time.
The Provider is entitled moreover to vary its performance according to the terms of reference and/or the General Terms and Conditions and/or other terms with effect for the future. The Provider will make these changes only for valid reasons, in particular because of new technological developments, changes in jurisprudence or other equivalent reasons. If there is significant disruption in the contractual balance between the parties as a result of the change, then the change will be omitted. Furthermore, any changes require the agreement of the Customer.
The Customer will be informed by a notice in the login area of LimeService and/or via email about changes to the aforementioned conditions. The notification to the Customer will include a reasonable time to object to the changed conditions. If the Customer does not grant his consent to the amended terms within the specified period, it shall be deemed granted. The Provider will in particular advise the Customer in the notification of the possibility of appeal and the legal consequences of failing to object.
Section 11 General
These General Terms and Conditions and the entire legal relationship between the Provider and the Customer fall under the laws of the Federal Republic of Germany, and exclude the CISG.
For contracts with merchants, legal entities governed by public law and special trusts under public law, the place of performance and jurisdiction is Hamburg. If the Customer has no general jurisdiction in Germany or if, during the validity of the contract, he moves his domicile or habitual residence outside the scope of the Federal Republic of Germany, the place of business of the Provider shall be the place of jurisdiction. This also applies if the domicile or habitual residence of the Customer is not known at the time an action is brought.
If an individual provision of these General Terms and Conditions proves to be ineffective, this shall not affect the validity of the remaining provisions. Ineffective or void provisions shall be replaced by those whose content and purpose come closes to the economic intent; the same applies for any regulatory gaps in these General Terms and Conditions.
The services made available via LimeSurvery.org are subject to the data privacy statement of the Provider.
Differing individual agreements must be made in writing. This also applies to a deviation from this requirement.