Draft – this text has not been approved yet and will be reviewed by a lawyer before publication.

General terms and conditions

for the use of the Kursimple course management system as an online service (software as a service)

§ 1 Scope

  1. These general terms and conditions apply to all contracts between Kursimple GmbH, Am alten Güterbahnhof 7-11, 49716 Meppen, Germany (“Kursimple”) and its customers concerning the use of the Kursimple software.
  2. The offer is directed exclusively at traders within the meaning of § 14 of the German Civil Code, legal persons under public law and special funds under public law, as well as at clubs and institutions that use Kursimple for their commercial, professional or statutory activity. The offer is not open to consumers.
  3. Differing terms of the customer apply only if Kursimple expressly agrees to them in text form.

§ 2 Subject matter of the contract

  1. Kursimple makes the Kursimple software available to the customer for use over the internet. The range of features depends on the chosen plan as described at the time the contract is concluded on the pricing page
  2. The scope of services includes operating the software on servers in Germany, data backup, the further development of the software and support to the extent of the chosen plan. Kursimple deploys updates without separate charge.
  3. Kursimple may develop the software further and change features in doing so, provided that the contractually agreed scope of services is not substantially restricted as a result.

§ 3 Trial period

  1. The customer may test Kursimple free of charge for 30 days. The trial period ends automatically; it does not turn into a paid contract.
  2. If the customer wishes to continue using Kursimple after the trial period, the parties conclude a contract for a plan. On request the data of the test system can be carried over into live operation. Otherwise Kursimple deletes the test system after the end of the trial period.

§ 4 Conclusion of contract

The contract comes about when Kursimple confirms the customer's order in text form or begins providing the live system.

§ 5 Obligations of the customer

  1. The customer keeps their access credentials secret and protects them against access by third parties. They inform Kursimple without delay if they have any indication of misuse.
  2. The customer is responsible for the content they place in Kursimple, including the content of their course website. They ensure that they hold the necessary rights.
  3. Towards their own customers and participants the customer is responsible for the legally required information and texts, in particular the legal notice, privacy information, terms and conditions and withdrawal policy, for consents obtained (for newsletters, for instance) and for the tax treatment of their invoices.

§ 6 Remuneration and payment

  1. The remuneration depends on the chosen plan. All prices are exclusive of statutory VAT. There is no set-up fee; Kursimple charges no commission on bookings and no fee per participant.
  2. With monthly billing the remuneration is due monthly in advance, with yearly billing annually in advance.
  3. Kursimple may change prices with six weeks' notice to the end of a month. In that case the customer may terminate the contract as at the time the price changes; Kursimple points this out in the announcement.

§ 7 Term, termination and change of plan

  1. Contracts with monthly billing run for an indefinite period and may be terminated by either side with four weeks' notice to the end of a month.
  2. Contracts with yearly billing run for twelve months. They end on expiry unless the customer renews them.
  3. The customer may change their plan at the end of a month, upwards or downwards.
  4. The right to extraordinary termination for good cause remains unaffected. Terminations require text form; an email is sufficient.

§ 8 Data at the end of the contract

On request Kursimple provides the customer with their data as an export at the end of the contract. After the contract ends Kursimple deletes the customer's data unless there is a statutory obligation to retain it. [Period for export and deletion to be defined.]

§ 9 Data protection and processing on behalf

In so far as Kursimple processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR. Further details on the page Data processing.

§ 10 Warranty

Kursimple remedies defects in the software within a reasonable period after the customer has reported them. The customer describes defects as precisely as they are able.

§ 11 Liability

  1. Kursimple is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
  2. In cases of slight negligence Kursimple is liable only for breach of material contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.
  3. Otherwise liability is excluded.

§ 12 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction for all disputes arising from this contract is Meppen, in so far as the customer is a merchant, a legal person under public law or a special fund under public law.
  3. Should a provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

As at September 2026

This is a translation for your convenience. In case of doubt the German version applies.

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