General Terms and Conditions

1.1 These terms apply to all contracts for the use of Quiz Planner between the provider (GremiumHub GbR, Brooksheide 4a, 22549 Hamburg, Deutschland, see legal notice) and the customer.

1.2 A customer is anyone who creates a workspace or buys a paid pass. This can be a consumer (section 13 German Civil Code, BGB) or a business, a school, a university or a public authority. Where a rule applies only to consumers or only to businesses, this is stated expressly.

1.3 Terms of the customer that differ from these terms do not apply, even if the provider does not expressly object to them.

1.4 Guests who take part in a session with a join code do not enter into a contract with the provider. The privacy policy applies to them.

2.1 Quiz Planner is a web application for live quizzes, polls and word clouds. Moderators create quizzes and start sessions. Guests join without registration with a code or QR code.

2.2 The provider makes the application available on servers in Germany. The scope of functions follows from the description on the pricing page at the time the contract is concluded. The provider does not owe functions that are marked as "planned" there.

2.3 The provider keeps developing the application. It may change functions if the agreed core of the service (section 4.1) is preserved and the change is reasonable for the customer.

3.1 To use the service, the customer needs an account with a confirmed email address. The customer must give correct details and keep the password secret. The customer is liable for actions taken under the customer's account, to the extent the customer is responsible for them.

3.2 An account comes with a workspace. The owner of the workspace can invite further moderators, change roles and manage the workspace. The owner is the customer within the meaning of these terms. The owner makes sure that invited moderators comply with these terms and the rules in section 8.

3.3 An account without a paid pass can sign in, read and export content and buy the pass. Editing quizzes and starting sessions is only possible with an active pass.

3.4 The contract for a pass is concluded as follows: In the order process the customer chooses a pass and confirms the order with the button "order with obligation to pay" on the payment page of the payment service provider Stripe. This is the customer's offer. The provider accepts it by activating the pass for the workspace and confirming this by email. Before ordering, the customer can check and change entries on the payment page.

3.5 The contract text (these terms) is available at /agb. The customer can save or print it. The contract language is German. An English translation serves only for understanding; the German text is binding.

3.6 The customer must have full legal capacity. The offer is not aimed at minors as contracting parties. Pupils and students can take part as guests without becoming a contracting party.

4.1 There are monthly passes with these limits: Pass 20 (up to 20 guests per session), Pass 50 (up to 50 guests), Pass 200 (up to 200 guests), each with one live session running at the same time. The "Team and education" plan applies by quote and can have other limits (for example more guests and several simultaneous sessions). A pass applies to all sessions of the workspace.

4.2 The prices are shown on the pricing page and on the payment page. They are final prices in euros. They include statutory value added tax, where it applies.

4.3 When the limit for guests is reached, the session accepts no further guests. The provider may also set technical limits that protect all customers (for example a maximum number of simultaneous connections). When such a limit is reached, new guests see a notice and can try again later.

4.4 The customer can choose a different pass at any time. The payment service provider handles the change and the settlement of the difference in the customer portal (pro rata calculation for the current period).

5.1 A pass is charged in advance for one month at a time. Payment is processed by Stripe. The customer can use the payment methods offered there. The terms of Stripe also apply to the payment.

5.2 The subscription renews by one further month each time unless the customer cancels (section 6).

5.3 The provider or Stripe provides invoices and payment receipts electronically. The customer agrees to electronic invoicing.

5.4 If a payment fails, Stripe tries again several times and the provider informs the owners of the workspace by email. The pass stays fully usable for 7 days after the first failure. After that the workspace is read-only: the customer can sign in, read and export content and make up the payment, but cannot edit quizzes or start new sessions. The provider does not end a running session for this reason. If the subscription ends because payment is missing, section 6.4 applies.

5.5 The provider may charge the customer for returned direct debits that the customer is responsible for, in the amount of the costs actually incurred. The customer remains free to prove a lower loss.

6.1 The contract for a pass runs for an indefinite period with a minimum term of one month.

6.2 The customer can cancel at any time at the end of the paid month. To do so, the customer uses the button to the customer portal in the "Billing" area and cancels there. Cancellation by email to kontakt@gremiumhub.de is also possible. After cancellation the customer can use the pass until the end of the paid period. Amounts already paid for the current month are not refunded pro rata; the consumer's right of withdrawal (section 7) remains unaffected.

6.3 The provider can terminate the contract in the ordinary way with 14 days' notice to the end of the paid period. The right of both sides to terminate for good cause remains unaffected. Good cause for the provider exists, for example, if the customer seriously breaches section 8.

6.4 After the contract ends, the customer can still sign in and read and export their content. Editing quizzes and starting new sessions is then no longer possible until the customer buys a new pass. The provider does not delete the content automatically. The customer can delete their data themselves (delete a quiz, automatic deletion of ended sessions, delete the account) or demand deletion of the workspace.

6.5 The provider may change prices for future billing periods. It informs the customer of the change in text form at least 30 days before it takes effect and points out the right to cancel. The customer can cancel at the end of the current period until the change takes effect. If the customer does not cancel and keeps paying the new price, the new price applies.

Consumers have a statutory right of withdrawal. The withdrawal notice and the model withdrawal form are at /widerruf and form part of these terms. Businesses have no right of withdrawal.

8.1 The customer is responsible for the content that the customer and their moderators enter in Quiz Planner (questions, answers, texts, team names). The customer ensures that they are entitled to do so and that the content does not violate laws or the rights of third parties.

8.2 The customer does not use Quiz Planner for unlawful, insulting, discriminatory or dangerous content. The customer does not attack the application, does not circumvent limits (for example for guests or sessions) and does not disrupt operation. The customer does not use automated methods that burden the service beyond the usual level.

8.3 Towards the guests of their sessions, the customer is responsible for the information and the lawfulness of the data processing (section 12). The customer tells guests that they do not have to enter a real name.

8.4 The customer grants the provider the non-exclusive right, limited in time to the term of the contract, to store and process the content and to show it to the customer's guests and moderators, as far as this is necessary to provide the service. The content remains the property of the customer.

9.1 The provider strives for high availability but does not owe any particular availability. Quiz Planner runs on a single server. Disruptions, maintenance and outages of upstream providers (for example hosting, payment service, email service) are possible.

9.2 The provider plans maintenance and updates outside usual event times where possible. When the server restarts, active sessions continue from the database afterwards; connections are briefly interrupted.

9.3 The provider backs up the database daily. A data loss of up to one day is possible in a serious outage. The customer should export important results regularly (CSV, JSON).

9.4 For important events the customer should have fallback plans (for example paper questions), because the provider cannot promise freedom from outages.

10.1 The provider may suspend an account or a workspace if a serious breach of section 8 is suspected, if the law or an authority requires it or if the security of the application is threatened. It informs the customer as soon as possible and lifts the suspension when the reason no longer applies.

10.2 If a workspace is suspended, running sessions end. The customer's claims under the contract remain unaffected if the suspension was unjustified.

11.1 The provider is liable without limit for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent it has given a guarantee.

11.2 In case of slight negligence, the provider is liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes the contract possible in the first place and on which the customer regularly relies) and limited to the foreseeable damage typical for this kind of contract. For businesses, this liability is limited to the sum of the fees of the last twelve months, at most 5,000 euros per case of damage.

11.3 Liability for data loss is limited to the effort that would have been needed to restore the data if the customer had backed it up regularly (export).

11.4 Liability under data protection law (Art. 82 GDPR) remains unaffected.

11.5 To the extent the provider's liability is excluded or limited, this also applies to its legal representatives, partners, employees and vicarious agents.

12.1 The provider processes personal data according to the privacy policy at /datenschutz.

12.2 To the extent the customer processes personal data of guests or of their own employees with Quiz Planner, the customer is the controller within the meaning of the GDPR and the provider is the customer's processor. The data processing agreement at /avv applies to this. It becomes part of the contract when the contract is concluded if the customer is a business, a school, a university, an authority or another body that processes data for professional or official purposes.

13.1 The provider may change these terms if there is an objective reason (for example a change in the law, new functions or a gap in the contract) and the change is reasonable for the customer. It informs the customer of the changed terms in text form at least 30 days before they take effect.

13.2 The customer can object to the change until it takes effect. If the customer objects, the previous terms continue to apply, and each side can terminate the contract at the end of the current period. The provider points out these consequences in the notice. A change to the main services or the price is only possible under section 6.5 or with the customer's consent.

14.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not take away the protection of mandatory provisions of the state in which they have their habitual residence.

14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider's registered seat.

14.3 The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. The EU Commission's online dispute resolution platform has been discontinued.

14.4 If individual provisions are invalid, the rest of the contract remains valid. The statutory rule replaces the invalid provision.