General Terms and Conditions
Important Notice
This English version is a translation of the original German Terms of Use and is provided solely for convenience and informational purposes. In the event of any discrepancy, ambiguity, or inconsistency between the language versions, the original German version shall prevail and be legally binding.
1. General
Welcome to Edkimo. Edkimo improves learning through constructive feedback from students to teachers and is also transferable to other areas and teaching-learning contexts.
Edkimo is developed and provided by Edkimo GmbH, Hauptstraße 37, 10827 Berlin, Germany (hereinafter “Provider”).
These General Terms and Conditions (hereinafter “GTC”) govern the use of Edkimo. They apply to the free and optional paid additional services of the Edkimo App as well as the optional mobile Edkimo apps for Android and iOS devices (hereinafter collectively referred to as “Edkimo App”).
By using the Edkimo App, you expressly acknowledge these GTC.
2. Registration as a User
You use the Edkimo App if you have a personal account to conduct surveys, create questionnaire templates or evaluate results. During registration, we collect a freely selectable username, your email address, and the name and address of your school, educational institution or organization.
3. Free Use of the Edkimo App
Selected functions of the Edkimo App are available to all users free of charge for a limited time (test account). Test accounts do not renew automatically. They do not require cancellation. After the time-limited test phase expires, the data collected by users can still be viewed, but no new surveys or templates can be created. Surveys still active at that time will be automatically deactivated.
We reserve the right to change, restrict or completely discontinue the free functions of the Edkimo App at our own discretion, at any time, in whole or in part.
4. Paid Use of the Edkimo App
Paid functions of the Edkimo App are clearly marked as such and can only be used in the paid versions Edkimo Premium or Edkimo Teams. The paid versions are usually sold for one year and only in exceptional cases for a shorter period, for example as monthly licenses. There are two ways for users to purchase the paid versions:
- Upgrade in Account: The user selects the option of a paid upgrade within the account. As part of the payment process, the provider commissions an external payment service provider to process the payment data and payment method entered by the user, e.g. by credit card, PayPal or instant bank transfer. The upgrade takes place immediately and automatically. The person who placed the order will subsequently receive an invoice by email from the external payment provider.
- Upgrade by the Provider: The user or a person commissioned by them usually requests a non-binding offer from the provider in advance. As soon as this offer is confirmed by email or phone within the validity period, the upgrade is carried out by Edkimo and invoicing follows. Payment is usually made by bank transfer 14 days after the electronic invoice is sent. If you request an offer or make a payment to Edkimo, we need your billing-relevant data such as invoice address and the email address of the contact person. The details of the contractually agreed services are governed by the product and service descriptions provided at the time of contract conclusion and are listed in detail in the service description in the account (automatic upgrade) or in the offer and invoice (upgrade by Edkimo).
Cooperation partners with framework agreements are always subject to the contractually agreed prices/discounts and payment terms.
Edkimo GmbH reserves the right to suspend a contract or block access to the Edkimo App if payment is more than 30 days overdue.
5. Right of Withdrawal
Users or persons commissioned by them have the right to withdraw their consent to the offer within 14 days without giving reasons. To exercise the right of withdrawal, send an email or letter to the provider informing them of your decision (Edkimo GmbH, Hauptstraße 37, 10827 Berlin, Germany, Email: support@edkimo.com). If payments have already been made, a refund will be issued by the provider.
6. Prices
Apart from special agreements, e.g. framework agreements, the details of the prices can be found in the price table of Edkimo GmbH in its version valid at the time of contract conclusion.
All prices are gross prices. For business customers (B2B) within the European Union but outside Germany, VAT is calculated according to the “Reverse Charge” principle. For this, the transmission of a valid European tax number (VAT-ID) is required. The tax number is checked by us for correctness before sending the invoice.
7. Contract Term and Termination
The term of upgrades in the account does not currently renew automatically.
For upgrades by the provider, there are two models.
Subscription model: Edkimo renews automatically. Users can cancel their subscription up to one month before the end of the term, otherwise we will issue the invoice for the further term, usually one year. License model: Edkimo does not renew automatically. We ask you in good time before the end of the term and you confirm the renewal by phone or email for another year. Only then do we issue the invoice. Users or persons commissioned by them decide on one of the two models when accepting the offer. A change is possible at any time and will be considered in the following term.
8. Availability and Limitation of Liability
The Edkimo App is generally available continuously. However, the provider assumes no guarantee.
The Edkimo App is made available to users on a non-exclusive basis. They may not reproduce, copy or modify the software.
The provider assumes no liability for malfunctions of third-party services (e.g. hosting services) or for damages or usage restrictions caused by unforeseeable external events, such as fire, floods, earthquakes, police investigations, power outages or internet disruptions.
9. Trademark, Intellectual Property Rights
Edkimo is a registered word-image trademark, registered to Edkimo GmbH
10. Data Protection
The Edkimo Privacy Policy governs the collection, processing and use of your personal data in connection with the use of the Edkimo App. By using the Edkimo App, you consent to the processing of your data.
11. Adjustments and Supplements to the Terms of Use
We reserve the right to expand or change our terms of use to cover new services and functions. Changes to the GTC will be published on this website in advance to give users sufficient time to review these changes.
By continuing to use the service after the changes are introduced, you accept them.
12. Final Provisions
Should individual provisions of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.
The place of jurisdiction for disputes arising from or in connection with these GTC is the registered office of Edkimo GmbH (Berlin).
If any of the conditions on this page are unclear or raise questions, contact us by email at: support@edkimo.com
Last modified: April 1, 2024 (new business address)