General terms and conditions of business and use (GTC)

Updated:  1 July 2019

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

1. Provider of the services

The provider of the services described below is:
LimeSurvey GmbH    
Papenreye 63
22453 Hamburg
Managing Director: Carsten Schmitz
Tel. +49 40 22660066 (not for support – paid telephone support on request)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Entered in the commercial register for Hamburg
Registry court: The District Court for Hamburg
Registration number: HRB 13762
VAT identification number under Article 27 of the German VAT Act (Umsatzsteuergesetz): DE301233134
(hereinafter referred to as the “Provider”).

2. Offer, services, miscellaneous

The Provider operates various free services (a.) and, with the exception of a test package, paid services (b. and c.; hereinafter referred to as “paid services”) online, under the domain https://www.limesurvey.org/ in connection with online surveys (jointly “services”). In detail:
a. Free offer
Within the framework of their service, the Provider offers the Customer the software LimeSurvey Community Edition for carrying out online surveys, which is licensed under GNU General Public Licence, Version 2 (GPL) free of charge, for downloading exclusively at his/her own responsibility. The Provider does not grant the Customer any rights through the use / provision of the software. The Provider shall also make a forum available to the Customer free of charge following registration, subject to § 4, in which the Customer can engage and communicate with other Customers, as well as a documentation wiki (manual.limesurvey.org), a website for recording and processing error reports and feature requests (bugs.limesurvey.org) and a website for translating LimeSurvey into other languages (translate.limesurvey.org).
b. Surveyor Premium packages
Following registration and the placement of an order, the Surveyor Premium packages offer the Customer, among other things, the possibility of convenient update access “ComfortUpdate” for the LimeSurvey Community Edition software hosted by the Customer, where the Provider provides a current update script for this purpose. Among other things, and after activation by the Customer, this script triggers a data back-up in the Customer’s system and carries out the update, as well as granting access to an old version of that software in which any critical errors have been eliminated by the Provider. The Provider does not grant any rights to this. Besides a free 1-month test version, for a fee, various other versions are available for selection, with a certain specified, automatically extending contractual term, and which contain a certain maximum number of included update services.
c. LimeSurvey Professional
Through the LimeSurvey Professional service, following registration and the placement of an order, the Customer can create, manage and evaluate surveys directly online. Participants invited by the Customer take part in these surveys. As a rule, the service can be used free of charge up to a particular volume of responses/usage, as specified on the website (package name: “FREE”). Above a certain volume, the Customer may also order one of several paid services packages in order to extend the Provider’s service with a particular specified and automatically extending contractual term.
d. App Store
Registered Customers have the possibility of receiving additional applications via the App Store, in order to make use of extended functionalities. The details, particularly the technical requirements, are specified with the respective app. As a rule, a distinction must be drawn between apps covered by GNU General Public Licence, Version 2, (GPL) (“GPL apps”) and apps which are offered under a permanent or fixed-term standard licence. With the exception of the fixed-term standard licence, updates for the app in question are only available if they are included for the specified period (as stated) or where a fixed-term support package (e.) is purchased in addition. This does not affect any rights in the event of defects (errors) (see § 8). In the case of LimeSurvey Professional as referred to in item c.) the app will be installed by the Provider once ordered and its functionality made available as a service. Furthermore, after successfully placing an order, the Customer shall promptly receive the files for download from the Provider’s website - generally within 10 minutes - and must install it and put it into operation him/herself.
e. App update/support package
Irrespective of the troubleshooting under § 8, the Customer may, in the case of the GPL app or the permanent standard licence, book an update/support package for the app in question with a contractual term which is automatically extended, or extend their validity, in the case of update/support services which were included initially. On this basis, updates of the app published by the developer as well as any support shall be available to the Customer for the specified period. Support is understood as meaning the elimination of errors and, as a rule, not support during operation or set up.  You can find details in the information relating to the respective app.
f. Customers
Customers are Customers of the service who have concluded a contract on the use of the services with the Provider (hereinafter: “Customer”).
g. Languages
Generally, the Provider’s websites are available to the Customer in German and in English. The language of the text of the contract depends on whether the Customer ordered via the German language version of the website or the English language version. The services are generally available in different languages, but in some cases only in English.
h. Applicability of these GTC
These General Terms and Conditions apply to all existing business relationships relating to the services referred to herein. They apply to all services related to the services in the version currently effective upon registration or the placement of the order. Deviating Customer terms and conditions are not recognised by the Provider, unless individually agreed otherwise.
i. Registration / orders
By registering and/or placing an order for the services of the Provider, the Customer expressly agrees to these GTC.
j. General provision
The service is only directed at Customers who have full legal capacity or are effectively represented.

§ 2 Conclusion of the contract, registration, ordering

The contract between the Provider and the Customer regarding the use of the respective services arises upon registration on the Provider’s website by a Customer who has full legal capacity or who is effectively represented and, as the case may be, through an order for services placed by him/her.

1. Registration for the forum and other free services

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

2. Ordering Surveyor (Premium) / Professional

In the case of the test package of Surveyor or the free package of LimeSurvey Professional, ordering takes place through registration by the Customer (a.) or, in the event of prior registration, logging in and making the appropriate selection.  The Customer then receives a test licence key in his/her account (for Surveyor ComfortUpdate) or an activation for Professional (“FREE”).
In all other respects, the ordering of paid services is broken down as follows:
(1) the Customer clicks on the link “Editions & Prices” on the Provider’s website,
(2) he/she selects the desired package by clicking on “Order now” on the linked page,
(3) the Customer registers and fills in the order form for this purpose or, in the event of prior registration, logs on with his/her account data and clicks on “continue”,
(4) in the next step he/she selects a payment method, accepts the GTC, clicks on “continue”, and
(5) receives an order overview on the last page; by clicking on the “Buy now” button he/she can conclude the order, whereupon he/she will be
(6) directed for the payment to the respective payment service Provider and finally, after payment has been made, will be redirected to the Provider's site.

The Customer can correct errors in his/her entries during the ordering process. To this end, he/she may do the following: click on the “Back” button during the ordering process, press the “Back” button in his/her browser, or close the browser before pressing the “Buy now” button in the last step of the ordering process.
The Customer receives an automatic email confirmation of the receipt of an order.

3. App Store orders

A Customer who is registered and logged in can select an app and any update/support packages in the area designated as the App Store. He/she chooses between the different licensing models and places a binding order by clicking on “Order now”. The Customer receives an automatic email confirmation of the receipt of an order. In the same way, update/support packages for the app can be booked.

4. Email orders

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

5. Conclusion of the contract

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

6. Scope of the service

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

7. Saving option and viewing the text of the contract

a. The Customer can view the GTC on the website under General Terms and Conditions of Business. He/she can also print that document out or save it by using the usual browser function (usually “File” -> “Save as”). The Customer can also archive the files of a given order, either by saving the GTC and saving the data summarised on the last page of the ordering process using the functions provided in his/her browser, or by waiting for the automatic confirmation of receipt of order. The order confirmation email reiterates your order data and the Provider’s GTC and can easily be printed out or saved using your email programme.

b. The order data will be stored by the Provider, but for security reasons cannot be directly accessed by the Customer. For each registered Customer, the Provider provides a password-protected means of direct access ("Your LimeSurvey profile”). Here, he/she can view data regarding concluded and open orders, as well as invoices, and manage and save his/her address data, any payment data and, if applicable, a newsletter.

§ 3 Prices, price changes; payment methods and terms

1. The prices for the paid services are based on the information provided when ordering and are effective for the respective term of the contract (§ 4). As a rule, all prices should be understood as including the currently applicable VAT, unless a company from the EU (other than Germany) has identified itself with a valid VAT ID or the Customer is not resident in the EU for tax purposes. In the event of automatic extension of the term of the contract, the previously agreed price applies, with the proviso that the Provider has the right to adjust the respective prices for ongoing services quarterly in line with changing market conditions or in the event of significant changes in purchase costs or changes in VAT or purchase prices. In the event of price increases which significantly exceed the regular increase in the cost of living, the Customer shall have a right of termination. In such situations, the Provider shall notify him/her to that effect in writing beforehand.
2. Furthermore, price changes for orders which are to be released in the future are possible at any time and shall be communicated on the website and/or when the order is placed.
3. The paid services shall be paid in advance, in full for the entire term of the contract in order for activation to take place. The Customer agrees that in the event of an extension of the paid service, the last selected payment method or the payment method currently recorded in the account shall be used by the Provider within 14 days of the invoice date, at the start of the new contractual term.
4. The available payment methods are payment by credit card, PayPal, SEPA debit note or, if applicable, and following manual activation, payment by invoice. In this case payments must be made within 14 days of the invoice date.
5. In the event of a significant delay in making payment of at least one month from the Customer’s due date, the Provider shall have the right to block the Customer’s access to the service until the outstanding receivables have been settled.
6. The Customer declares that he/she agrees to receive invoices and credit notes exclusively in electronic form. On request, invoices in paper form shall be sent by post (letter) for a fee of €9.00.

§ 4 Term of the contract and termination

1. The contractual term for the paid services specified upon the placement of the order applies from the conclusion of the contract. The test package of LimeSurvey Surveyor Premium has a term of one month from the provision of the licence key and expires automatically.
2. Giving notice of two weeks before the expiry of the term of the contract, the Customer may, in the case of paid service packages, terminate the contract, effective at the end of the respective contractual term, on the Provider’s website under “Log on” > “My orders”, by clicking on “Terminate” or may do so in writing. If the Customer fails to terminate the contract, the selected paid service package shall be extended by the previous term of the contract, but not by more than one additional year. The same right of termination applies for the Provider.
3. In the case of LimeSurvey Professional, with the coming into effect of the Customer’s termination, the paid service package shall be downgraded to the free package (“FREE”). If this model is not used for a period of four months, the Customer account shall be deactivated. After 24 unused months, and following an email notification four weeks in advance, the Customer’s account shall be deleted, including all stored data.
4. The Provider may terminate free services at any time, giving one month’s notice. The Customer may terminate at any time, effective as of the next business day.
5. If the Customer fails to terminate, the selected paid service (LimeSurvey Surveyor Premium, LimeSurvey Professional, fixed-term standard licence or update/support packages) shall be extended by the previous contractual term, but not by more than one additional year.
6. The Provider may discontinue their services at any time having given two months’ advance notice in writing. Payments made in advance shall be refunded on a pro rata basis insofar as the services have not yet been used.
7. The Provider and the Customer may terminate the agreed services by way of extraordinary termination if significant contractual provisions are breached. On the partv of the Provider, this particularly applies in the event of a breach of the provisions of § 5 of these GTC.

§ 5 Obligations of the Customer, responsibilities, advertising

1. The Customer must fill in all the fields provided in the registration form accurately and correctly.  
2. Multiple registrations are not permitted. Registration for third parties is also prohibited.
3. The Customer must keep his/her access data and passwords secret and refrain from passing them on to third parties. Passwords must consist of at least six upper and lower case characters, digits and special characters. If third parties gain knowledge of the access data and/or passwords, the Provider must promptly be notified to this effect.
4. The Customer must constantly keep the contract-related information recorded in his/her Customer account (e.g. name, address, email) up to date. For that purpose an appropriate configuration menu is available for the Customer in his/her Customer account.
5. The Customer undertakes to use the Provider’s services in accordance with the contract and the law. The Customer does not have the right to register multiple times and/or on behalf of third parties or to misuse the latter. This is particularly deemed to be the case, if excessive strain is put on resources and/or the service is checked for vulnerabilities/errors and/or the invitation system is used for email advertising and/or operation is disrupted for other Customers and/or the service is used for a purpose other that which is intended, i.e. for not the purpose of surveys. The Customer affirms that, over the course of his/her use of the service, he/she shall refrain from distributing any content which would be liable for criminal prosecution and from violating any other rights of third parties (particularly intellectual property rights), competition law or general personal rights, as well as data protection regulations. In particular, the dissemination of child pornography, content that endangers young people, or extremist or racist content is prohibited. Forum contributions, organiser emails or statements in the chat function which do not constitute the private, individual exchange of opinions, such as commercial advertising for one’s own purposes or for third parties, paid service telephone numbers, junk mails, spam, chain letters or pyramid scheme emails, are also prohibited. Furthermore, in connection with LimeSurvey Professional surveys, the Customer bears sole responsibility for the content published on the Internet by his/her survey participants or content or parts thereof provided to the Provider for publication. In this context, the Customer must comply with the applicable legal provisions upon the publication of content and/or upon the requesting/providing content to the Provider for publication, particularly data protection regulations, the personal rights of the participants and the laws applicable in Germany and worldwide on the protection of children and young people and copyright holders and for protection against terrorism and violence. The Customer is responsible for compliance with the regulations relating to electronic commercee which are applicable in Germany.
6. With regard to apps which are downloaded from the Provider, the Customer must protect them against access by unauthorised third parties through suitable measures, in particular ensuring the safekeeping of all copies of the software in a protected location.
7. The Customer shall indemnify the Provider against all claims and receivables of third parties which are due to the violation of rights in connection with use of the Provider’s services and which are attributable to the Customer. This includes, in particular, the obligation to indemnify the Provider against claims for injunctive relief as well as claims for damages or reimbursement of expenses by third parties and against all costs of legal proceedings (e.g. court and legal fees) or to indemnify the Provider upon first request.
8. The Customer must independently back up his/her data at all times. The Customer is responsible for carrying out (at least) one additional external data backup before any updates instigated by him/her are carried out in connection with the ComfortUpdate. This is intended, in particular, to prevent any loss of data as a result of the update, above all in the event of a malfunction or failure by the update script to carry out a backup.
9. The Provider has the right to display appropriate advertisements for their own purposes during surveys within the framework of the free service. The Provider guarantees that, in this context, usage will be compliant with data protection legislation, notwithstanding the above sections. This is regulated in more detail by the Provider’s privacy policy (which can be accessed at https://www.limesurvey.org/de/richtlinien/datenschutzrichtlinie).
10. If the Customer significantly breaches one of his/her obligations as referred to above, the Provider shall have the right to block his/her Customer account at the expense of the Customer, insofar as in an individual case a block does not appear to be disproportionate due to the insignificance and lack of consequences of the breach.

§ 6 Availability of the services

1. In the case of paid services, availability of 99%, calculated per individual month during the term of the contract, is guaranteed. In the case of the Surveyor package this applies to the provision of the published current update.  A guarantee is not provided in this respect.
2. For this purpose, the Provider shall implement reasonable, technically feasible measures according to the state of the art of technology and in proportion to the level of expense, in order to ensure the availability of the service. The Customer must counteract the risk of a loss of data in the event of, and as a result of, system failures (§ 5) through his/her own data backups. The Provider shall be liable in the event of, and as a result of, system failures only insofar as the Provider’s culpability (§ 9) can be proven.
3. Moreover, the Provider accepts no responsibility for ensuring that the services offered can be used by the Customer at any time and/or without interruptions.

§ 7 Usage authorisation for paid services & apps

1. The Customer shall acquire a non-exclusive, non-transferable right to use the paid services in accordance with the contract. That usage right is not subject to a time limitation. Any transfer of that right to third parties (assignment/contract transfer) is excluded.
2. The Customer permits the Provider to access and store the saved content in order to provide the services that can be accessed under LimeSurvey Professional in the Customer’s interests for the purposes of support, maintenance and billing. The Provider is not granted any further rights with respect to content provided by the Customer.
3. With the ending of the contract, the Customer’s usage authorisation shall expire entirely. Customer content shall not be backed up, nor does any entitlement exist to the release or any other provision of the content he/she uploads, insofar as it is not legally required. The Customer may back up his/her data him/herself at any time up to the end of the contract.
4. For apps, notwithstanding the above sections of this § 7, the following applies:
In any case, the information regarding the licence for the app in question takes precendence over, and applies in addition to the aforementioned regulations. Insofar as “Download (GPL)” appears and an order is placed, section 4a) below applies, and otherwise section 4b) or 4c), unless stated otherwise.

a. GPL

Upon ordering the app and after making payment in full of the agreed fee for the provision of the app, including any updates/support, the Customer shall be provided with a copy of that app including source code. In this respect, the licence provisions of GNU General Public Licence, Version 2, (GPL), as enclosed with the app, apply.

b. Permanent standard licence

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

(1) Having paid for the app in full, the Customer shall receive a non-exclusive right, without any time limitation, to use the app for its intended purpose within the scope specified in the App Store. If a support package is ordered, the rights referred to here apply equally for any updates during the support period. The app may only be used by the Customer in his/her installations in the number of licences acquired. The permitted use includes the installation of the contract software, loading into RAM, use by the Customer for its intended purpose. Under no circumstances shall the Customer have the right to lease or in any other way sub-license the acquired app, nor to publicly reproduce it or make it available by wired or wireless means, nor to make it available to third parties, whether for a fee or free of charge, e.g. by means of Application Service Provision or as “Software as a Service”. Paragraph 4 remains unaffected.
(2) The Customer shall have the right to create a backup copy if this is necessary in order to secure future use. The Customer shall mark the backup copy with a visible note saying “backup copy” as well as with a copyright note by the manufacturer.
(3) The Customer shall only have the right to decompile and duplicate the contract software insofar as this is provided for by law. However, this shall only apply on the condition that, having been requested to do so, the Provider has not made the necessary information available to the Customer within a reasonable period of time.
(4) The Customer is entitled to permanently transfer the purchased copy of the contract software to a third party by passing on the licence terms provided in the App Store and in these terms and conditions. In this case the Customer will completely give up the use of the program, remove all installed copies of the program from the their computers and delete all copies on other storage media or hand them over to the Provider, unless legally obliged to store them for a longer period of time. At the Provider's request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full or, if applicable, explain the reasons for longer-term storage. Furthermore, the Customer shall expressly agree with the third party to observe the scope of the granting of rights pursuant to § 7 of this document.
(5) If the Customer uses the contract software to an extent which exceeds the acquired rights of use qualitatively (with regard to the type of permitted use) or quantitatively (with regard to the number of licences acquired), the Customer is to immediately acquire the rights of use necessary for the permitted use. If the Customer fails to do so, the Provider shall assert the rights to which the Provider is entitled.
(6) Copyright notices, serial numbers and other program identification features must not be removed from the app or modified.

c. Fixed-term standard licence

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

§ 8 Warranty, responsibility

1. The Provider does not guarantee nor shall he/she be liable for the free LimeSurvey CE software provided for download, nor for its functionality. The Provider does not accept any liability or provide any guarantees for related losses, insofar as they are not related to the other services of the Provider agreed in these GTC.
2. The Provider shall only be deemed responsible for unlawful content and messages and, in particular, those which affect the rights of third parties, which are uploaded onto the Internet by users via the discussion forums, direct messages and the chat channels on the Provider’s website if the Provider is aware of the content and it is technically and economically possible for the Provider to block the content against further access. Furthermore, the Provider provides no guarantee of the correctness and completeness of the content of information and data which ar provided by third parties on the Provider’s website. For information on rights infringements, the following email address is available in addition to the other contact options: This email address is being protected from spambots. You need JavaScript enabled to view it..
3. With regard to apps the following applies:

a. GPL app

The above section 1 of § 8 also applies accordingly for GPL apps, insofar as they are not provided as a service within the framework of LimeSurvey Professional.

b. Permanent standard licence

(1) The Provider guarantees the agreed characteristics and that the Customer will be able to use the contract software without any violation of third-party rights. The material defect warranty does not apply to defects which result from the fact that the app is used in a hardware and software environment which does not meet the requirements specified in the App Store or to changes and modifications which the Customer makes to the app without being entitled to do so by law, by these GTC, or on the basis of prior written consent from the Provider.
(2) If the Customer is an entrepreneur, he/she must inspect the contract software immediately upon receiving it for obvious defects and if any are identified, promptly report them to the Provider. Otherwise, any warranty for those defects is excluded. The same applies if such a defect comes to light later. Article 377 of the German Commercial Code (Handelsgesetzbuch – HGB) applies.
(3) If the Customer is an entrepreneur, in the event of a material defect, the Provider shall first have the right to render a supplementary performance, i.e. according to their own choosing to either eliminate the defect (“rectification”) or provide a replacement delivery. In connection with the replacement delivery the Customer shall, as the case may be, accept a new version of the software, unless this results in unreasonable impairments. In the event of legal defects, the Provider shall, as they wish, either provide the Customer with a legally flawless possibility of using the contract software, or change it such that no third-party rights are violated. Notwithstanding this, any of the aforementioned actions shall be permitted without restriction for the purposes of making the app available to any participants in surveys taking place within the context of LimeSurvey software.
(4) The Provider shall have the right to carry out the warranty work on the Customer's premises. The Provider shall also be deemed to have fulfilled their rectification obligation if they make updates equipped with an automatic installation routine available for downloading on their website and offer the Customer telephone support to solve any installation problems which may arise.
(5) In the event that the rectification or replacement delivery fail twice, the right of the Customer to reduce the purchase price or rescind the contract, in accordance with their preferences, remains unaffected. A right of withdrawal shall not exist in the event of insignificant defects. If the Customer claims compensation for losses or compensation for needless expenses, the Provider shall be liable in accordance with § 9.
(6) If the Customer is a consumer, the statutory warranty rules apply without limitation.
(7) With the exception of claims for compensation for losses, warranty claims due to material defects shall expire by time limitation in two years or in one year if no consumer is involved in the transaction. The time limitation shall begin after the notification and activation of the download for the respective app. § 9 applies to compensation claims for losses and compensation claims for needless expenses.
(8) If additional support and maintenance is commissioned, the elimination period for defects shall be based on the periods provided there.

c. Fixed-term licence

(1) The Provider guarantees the maintenance of the contractually agreed characteristics of the app, within the framework of the technical requirements as specified in the App Store, throughout the term of the contract, as well as that no third-party rights oppose the use of the software in accordance with the contract. The licensor shall eliminate any material or legal defects that arise in the leased item within a reasonable period of time.
(2) The Customer must promptly notify the Provider in writing of any defects in the software on their discovery. In the case of material defects the notification shall include a description of the time when the defects occurred and the detailed circumstances.

d. App support/update packages
The legal provisions apply to app support/update packages which can be booked in the case of items a.) and b.).

§ 9 Liability

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

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

§ 10 Data protection

1. The Customer is advised that upon registration and use of the services, all the data recorded about him/her on the Provider’s website shall be stored and further processed in accordance with the German Data Protection Act (Bundesdatenschutzgesetz – BDSG), the German Telecommunications Act (Telekommunikationsgesetz – TKG) and the General Data Protection Regulation (GDPR), insofar as this is necessary for the performance of the contractual relationship.
2. The Customer has been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required for the performance of services in the privacy policy (which can be accessed at:https://www.limesurvey.org/de/richtlinien/datenschutzrichtlinie).
3. In the context of using the Provider’s services, the Customer undertakes, among other things, to comply with data protection regulations so that, in particular, the consent of participants in surveys shall be obtained if necessary and they shall be adequately informed of the processing of their personal data.
4. In the event of support cases or other error reports related to an app, if necessary, the relevant app developer shall be involved, in connection with which the Customer data will be passed on. Supplementary information can be found in the privacy policy.

§ 11 The Provider’s property rights

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

§ 12 Cancellation right for paid services other than apps

If the Customer is a consumer in the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) he/she is entitled to a statutory cancellation right.
CANCELLATION POLICY
Right of cancellation
You have the right to cancel this contract within fourteen days without providing reasons.
The notice period for cancellation amounts to fourteen days from the date of the conclusion of the contract.  
In order to exercise your right of cancellation, you must inform us, LimeSurvey GmbH, Barmbeker Str. 7a, 22303 Hamburg, by means of an unequivocal declaration (for example by email or by a letter sent by post) of your decision to cancel this contract. You can use the attached standard cancellation form for this purpose, although this is not required.
To comply with the cancellation period, it is sufficient to send off notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we are obliged to reimburse all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery we offer) immediately and no later than within fourteen days from the date when we received notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you. On no account will you be charged any fees for this reimbursement.
If you have requested that the services begin during the cancellation period, you will pay us a proportionate amount corresponding to the portion of the services already performed in comparison to the total scope of the services provided for in the contract, up to the moment when you notify us of your exercising of your right of cancellation with respect to this contract.
_____
Standard cancellation form
(If you would like to cancel the contract, please fill in this form and send it back to us.)

To
LimeSurvey GmbH
Papenreye 63
22453 Hamburg

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

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

- Name of consumer(s) _________________________________________

- Address of consumer(s) __________________________________________

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

- Date __________________________

 (*) Delete as appropriate

§ 13 RIGHT OF CANCELLATION FOR APPS PROVIDED FOR A FEE

If the Customer is a consumer in the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) he/she is entitled to a statutory cancellation right.

CANCELLATION POLICY

Right of cancellation

You have the right to cancel this contract within fourteen days without providing reasons.
The notice period for cancellation amounts to fourteen days from the date of the conclusion of the contract.  
In order to exercise your cancellation right, you must inform us, LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, by means of an unequivocal declaration (for example by email or by a letter sent by post) of your decision to cancel this contract. You can use the attached standard cancellation form for this purpose, although this is not required.
To comply with the cancellation period, it is sufficient to send off notification of the exercise of the right of cancellation before the end of the cancellation period.

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

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Standard cancellation form

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

To
LimeSurvey GmbH
Papenreye 63
22453 Hamburg

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

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

- Name of consumer(s) _________________________________________

- Address of consumer(s) __________________________________________

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

- Date __________________________

(*) Delete as appropriate

§ 14 Amendments to the contractual terms and conditions

1. The Provider shall perform their services according to the state of the art of technology, taking into account economically reasonable expenses. They have the right to adjust their services at any time with respect to the technology used.
2. Thus, at the moment of registration/the placement of an order by the Customer the Provider’s current GTC apply.
3. With regard to ongoing contractual services, the Provider also has the right to change these GTC, their services in accordance with the service description, and/or these GTC and/or other conditions, with effect for the future. The Provider shall only carry out these changes for valid reasons, in particular those resulting from new technical developments, changes in case-law or other equivalent reasons. If the contractual balance between the parties will be significantly disrupted due to the change, the change will not be carried out. Otherwise, changes shall require the Customer’s consent.
4. The Customer shall be informed of any changes to the above terms and conditions through a notice in the login area of LimeSurvey and/or by email. The notification of the Customer shall specify an appropriate time limit for objecting to the changed terms and conditions. If the Customer fails to object within the specified time limit, he/she shall be deemed to have agreed to the changed conditions when the time limit ends. The Provider shall specifically inform the Customer in the notification of the possibility of objecting and the legal consequences of failing to object.
 
§ 14 General provisions, dispute resolution under Article 14 par. 1 ODR Regulation

1. These General Terms and Conditions and the entire legal relationship between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. For contracts with traders, legal persons under public law or public special funds, Hamburg is agreed as the place of performance and place of jurisdiction. If the Customer has no general place of jurisdiction in Germany or relocates his/her place of residence or habitual residence after the conclusion of the contract out of the jurisdiction of the Federal Republic of Germany, the Provider’s registered office shall be the place of jurisdiction. This shall also apply if the place of residence or habitual residence of the buyer is not known at the time when the action is brought.
3. Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
4. The following data protection guidelines (available at https://www.limesurvey.org/de/richtlinien/datenschutzrichtlinie) apply to the aforementioned services.
5. Online dispute resolution in accordance with Article 14 para 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find athttp://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration body.

Tags: Legal

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