After registration and ordering, the ComfortUpdate LimeSurvey Extension packages offer the Customer, among other things, the option of a convenient “ComfortUpdate” update retrieval 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 and performs the update, along with granting access to an old version of this software that has been corrected by the Provider for critical errors. Rights to this are granted to the customer under the GPL licence named and linked under a.).In addition to a free trial version for 1 month, various other fee-based service packages with a certain automatically extending Contract term are available, each containing a certain maximum number of included 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 analyse surveys directly online. Participants invited by the customer will take part in these surveys. The service can be used free of charge up to a certain usage volume and a certain range of functions as shown on the website (package name: “FREE”).
In addition, the customer can order one of several fee-based service packages over and above a certain usage volume and a certain range of functions with a certain automatically extending Contract term. Details of the service packages are shown on the website. The Provider may, at its own discretion, make a chargeable service package available to the Customer free of charge for a specified period of time for trial purposes (“TRIAL VERSION”).
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 in the Provider’s services. The details, in particular the technical requirements, are specified in the respective LimeSurvey Extension. A distinction must be made between the following LimeSurvey Extensions:
– LimeSurvey Extensions that are subject to the GNU General Public Licence, Version 2, (GPL), as specified here (“GPL LimeSurvey Extension”)
– LimeSurvey Extensions offered under a permanent or temporary proprietary standard licence.
With the exception of the limited standard licence (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 must 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 functionality shall be made available as a service. The Provider is authorised 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 case, the Customer will 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 licence, 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 initially included update/support services. 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 on the respective LimeSurvey extension.
d. Validity of these GTCs; Contract language
These terms and conditions apply to all existing business relationships in relation to the services mentioned here. They apply to all services within the range of services and apply in the version valid at the time of registration or ordering. Deviating terms and conditions of the Customer shall not be recognised 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
The offer is only directed at Customers with full legal capacity or who are effectively represented. By placing an order, the Customer confirms that it has the necessary authorisation and ability 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 features available on the Provider’s website, registration is required by entering a user name and password chosen by the Customer, along 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 test licence key for ComfortUpdate LimeSurvey Extension in its user account or an activation for LimeSurvey Cloud “FREE”. The LimeSurvey ComfortUpdate LimeSurvey Extension trial package runs for one month from the provision of the licence key and expires automatically.
2.4 Ordering paid services on the website
The registered and logged-in Customer can place a binding order for fee-based 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 scope of services and details of the order are clearly displayed to the Customer during the online ordering process. The Customer will receive 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 authorised to charge a flat-rate fee for this after the Customer has been informed of it.
2.6 Conclusion of the Contract
The Contract for LimeSurvey ComfortUpdate, LimeSurvey Extension Packages, LimeSurvey Cloud or a LimeSurvey Extension is concluded immediately after successful payment by the Customer or – if enabled by the Provider – immediately upon payment on account. The Customer will then receive a confirmation email. The selected term of the package shall begin once it is enabled by the Provider. Otherwise, the Contract shall be concluded once it is enabled by the Provider.
2.7 Range of services
The range of services is based on the offer the Customer has selected and can be viewed online at any time.
2.8 Storage option and access to Contract text
2.8.1 The Customer can view the GTCs on the website. The Customer can also print or save this document by using the usual browser function. The Customer can also archive the data of any order by either saving the GTCs and saving the data summarised on the last page using its browser functions during the online ordering process, or by waiting for the automatic confirmation of order receipt by email. This email will once again contain the order data 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 data, any payment data, and any newsletter.
§ 3 Prices, price changes, payment methods and conditions
3.1 Prices
The prices of the paid services are based on the respective 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 themself as a company from the EU (except Germany) with a valid VAT ID; or
– the Customer is not a tax resident in the EU.
3.2 Price changes
3.2.1 In the event 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 to changes in VAT or procurement prices. In the event of price increases that significantly exceed the regular increase in the cost of living, the Customer shall be entitled to terminate the Contract. In such cases, the Provider shall inform the Customer in advance in text form.
3.2.2 Otherwise, price changes for future separate orders are possible at any time and will be displayed on the website and/or when the order is placed.
3.3 Payment methods and conditions
3.3.1 Payment for paid services is made in advance in full for the entire term of the Contract. The Customer agrees that the payment method last selected or currently stored in the account shall be utilised by the Provider within 14 days at the beginning of the new Contract term after invoicing if the paid service is extended.
3.3.2 The generally accepted payment methods are shown on the website (www.limesurvey.org/de/preise) and are determined in individual cases according to the online order form on the website during the order process. Payment on account requires prior authorisation by the Provider. In this case, payments must 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, as far as legally permissible, be handled exclusively in electronic form.
§ 4 Contract term, cancellation
4.1 The duration 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, fee-based service packages, the Customer can directly cancel at the end of the respective Contract 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 cancel, the selected fee-based service package will 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 its commercial nor its self-employed professional activity (§ 13 of the Civil Code (BGB)), which were concluded from 01/03/2022, 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 01/03/2022, the selected fee-based service package will 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 cancellation will 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 will be deactivated. After 24 unused months, the Customer’s user account, including all stored data, will be deleted four weeks beforehand after notification by email.
4.4 Free services can be cancelled by the Provider at any time with one month’s notice. The Customer can cancel at any time with effect from the next business day.
4.5 The Provider may discontinue its services at any time after giving two months’ notice in text form. Payments made in advance will be refunded on a pro rata basis to the extent that the services have not yet been utilised.
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 mentioned 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 authorised 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 in 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 must be informed immediately and the access data must be changed by the Customer.
5.4 The Customer must keep the information pertaining to the Contract (e.g., name, address, email), which 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 authorised 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
- for purposes other than those for which it is intended, i.e., not for survey purposes.
The Customer warrants not to disseminate any criminally relevant content within the scope of use and not to violate any other third-party rights (in particular industrial property rights), competition law and general personal rights, as well as data protection regulations. In particular, the dissemination of content harmful to minors, child pornography, as well as extremist and racist content is prohibited. In addition, forum posts, organiser mails or statements in the chat that are not aimed at the 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.
The Customer warrants that recipients of email communication sent by the Customer from LimeSurvey Cloud (e.g., invitations to 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 must 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 and young people and authors and for protection against terrorism and violence. The Customer is responsible for compliance with the provisions applicable in Germany for electronic business transactions.