GTC & usage

1. Contract & changes

§ 1 Subject of the Terms of Use

  1. The owner mentioned in the imprint operates a platform (hereinafter referred to as "the platform") on which the duly registered users can create and conduct individually designed surveys as well as the respectively available services on the platform (eg evaluation of the survey) within the framework of the can use the respective availability. Further information on the services can be found in the description of the services, § 8.
  2. These Terms of Use regulate the provision of the services by erhebung.de and the use of these services by you as a properly registered user. The use of the services of erhebung.de requires the proper registration. By registering, the user agrees to the validity of these Terms of Use as well as all other agreements to which reference is made in these Terms of Use.

§ 2 Changes to the Terms of Use

  1. erhebung.de reserves the right to change these conditions of use at any time with effectiveness also within the existing contractual relationships. In the event of such changes, erhebung.de will inform you at least 30 calendar days before the planned entry into force of the changes. If you do not object within 30 days from receipt of the notification and continue to use the services after expiry of the opposition period, the changes shall be deemed to have been effectively agreed as of the expiry of the deadline. In case of opposition, the contract will be continued under the previous conditions. In the notification of change, erhebung.de will point out your right to object and the consequences.

2. Registration for use, handling of access data, termination of use

§ 3 Login authorizations

  1. The use of the services available on the platform requires your registration as a user. A claim for the use does not exist. erhebung.de is entitled to reject applications for use without giving reasons.
  2. You are only allowed to register if you are of legal age and unlimited legal capacity. Minors are only allowed to register with the express permission of their authorized representatives. The activation of the access for minors takes place only after sending a written consent of the authorized representative to

    In the case of a legal entity, the registration must be carried out by a natural person who has unlimited legal capacity and is authorized to represent.

§ 4 Your registration on the platform & costs

  1. Registration for the erhebung.de platform is free of charge.
    • The registration for the platform of erhebung.de is free of charge for you.
    • Instant-Surveys are conducted as Standard Accounts.
    • For Premium Accounts it is chargeable. For the provision of your desired domain (eg. example.erhebung.de) including an admin account, the costs amount to 180€ (plus VAT) annually. The admin is a Standard Account with the special privilege to manage all other users. In particular, the admin can unlock other users on your domain, lock, delete. Case example: Assuming you want the domain example.erhebung.de and 3 users, then the annual costs (plus VAT) can be calculated as follows:
      • Provision of the domain including an admin user: 180€
      • 2 additional Standard Accounts: 0€
      • In total: 180€ annual
    • Cost of sending e-mail (not included by default)
      With premium use, you have the option of inviting participants via email. All emails sent by all users via your platform are considered. For every 1000 emails, 1€ will be charged.
      Example 1: If you have a domain with ten users who do not send email invitations in a billing year, there are no additional costs. The amount of users does not matter.
      Example 2: Suppose you have a domain with three users who sent a total of 20,500 invitations via email in one billing year - the calculation of the additional costs can be calculated as follows in this case:
      • The 20,500 emails sent cost 84€
      If a customer domain with three users sends a total of 20,500 emails in a billing year, this results in a total fee of 180€ + 84€ = 143€ (plus VAT)
    • payment dates
      The basic fee for the users must be paid at the beginning of the contractual relationship. At the latest 6 weeks after receiving the bill. The cost of sending e-mails (in the example 84€) are - if they are not very high - to pay towards the end of the contract. Usually shortly after the end of the accounting year. We reserve the right to invoice amounts in the form of installment payments.

    Please note: If the application for access follows a purpose, which can be attributed to neither your commercial nor your independent professional activity, you are entitled to a statutory right of withdrawal.

    § 4.1 Cancellation policy and form

    Consumers are entitled to a right of revocation according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor independent:

    § 4.1.1 Right of cancellation

    • You have the right to withdraw from this contract within fourteen days without giving any reason.
    • The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
    • In order to exercise your right of withdrawal, you must inform us

      by means of a clear statement (eg a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
    • In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

    § 4.1.2 Consequences of the cancellation

    • If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
    • You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.
    • You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

    § 4.1.3 Exclusion or premature termination of the right of cancellation

    The right of cancellation does not exist with contracts
    • for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;

    § 4.1.4 Model cancellation form

    If you want to cancel the contract, please fill out this form and send it back.
    • To:

    • I/we(*) hereby revoke the contract concluded by me/us for the purchase of the following goods(*)/the provision of the following service(*)
    • Ordered on (*) /received at (*)
    • Name of the consumer
    • Address of the consumer
    • Signature of the consumer (only when notified on paper)
    • Date
    (*) Delete as appropriate
  2. The contact details and other information requested during the registration process by erhebung.de must be completely and correctly stated by you.
  3. After you have given us all requested data, they are checked for completeness and plausibility by erhebung.de. If the information from the point of view of erhebung.de are correct and there are no other concerns from erhebung.de, erhebung.de will block your requested access and notify you by e-mail. The e-mail is considered acceptance of your application. From receipt of the e-mail, you are entitled to use the portal under these Terms of Use. For this you must first confirm your activation by clicking on the link contained in the e-mail.

§ 5 Responsibility for the access data

  1. During the registration process, you will be asked to provide username and password. With this data, you can after the activation of your access and your confirmation gem. § 4 (3) log on to the platform. It is your responsibility that the username does not violate the rights of third parties, in particular any naming or trademark rights and does not violate common decency.
  2. The access data including the password must be kept secret by you and unauthorized third parties not accessible.
  3. It is also your responsibility to ensure that your access to the Platform and the use of the services available on the Platform are solely through you or through the persons authorized by you. If it is to be feared that unauthorized third parties have obtained or will obtain knowledge of your access data.

You are liable for any use and / or other activity that is performed under your access data, according to the statutory provisions..

§ 6 Updating the user data

You are required to keep your data (including your contact information) up-to-date. If during the period of your use a change of the specified data occurs, then you must correct the information immediately on the platform in your personal settings. If you do not succeed, please inform us of your changed data immediately by e-mail or fax. In addition, in the case of a premium account, you are granting erhebung.de the right to upload your logo for you. You can have this changed or removed if you wish. Please inform us of your change request via email.

§ 7 Termination of use

  1. You may terminate this license agreement at any time by unsubscribing from the use of the platform.
  2. Alternatively, you can cancel the contract in writing or in writing (= e-mail).
  3. Upon termination of the contract, the contractual relationship ends and you may no longer use your access. erhebung.de reserves the right to block the user name and password when the termination takes effect.
  4. At the expiration of 30 calendar days after the cancellation has come into effect and after the expiry of any statutory periods of reservation, we are entitled to irretrievably delete all data created during your use.
  5. At the latest 30 days after termination of the contract, all data of the surveys you have created will be deleted.

3. Services and content on the platform

§ 8 Services offer and availability of services

  1. On the platform, erhebung.de provides you with the functions for conducting online surveys in two different variants, namely standard and premium usage. different services for temporary use available. The content and scope of the services are determined according to the respective contractual agreements, otherwise according to the functionalities currently available on the platform. For details see erhebung.de/en/usage
  2. A claim for the use of the services available on the platform exists only in the context of the technical and operational possibilities with erhebung.de. erhebung.de strives for an uninterrupted usability of its services. However, temporary disruptions or interruptions may occur due to technical faults (such as power interruption, hardware and software faults, technical problems in the data lines).

§ 9 Changes of services

  1. At any time, erhebung.de is entitled to change services provided on the platform, to make new services available free of charge or for consideration, and to discontinue the provision of services for which no minimum contract period has been agreed. In this case, erhebung.de will take into account your legitimate interests.

§ 10 Responsibility for third party content

  1. Contents of the users as well as other thirds are summarized below "third-party content" called. In the case of third-party contents, erhebung.de does not check for completeness, correctness and legality and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and timeliness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, as well as third-party content on linked external websites.

All contents on the platform are third-party contents, with the exception of those contents which are provided with a copyright notice of erhebung.de.

4. Utilization of the services on the platform by you

§ 11 Scope of permitted use, monitoring of usage activities

  1. Your usage authorisation is limited to access to the Platform and any use of the Services available on the Platform under the terms of these Terms of Use.
  2. You are responsible for the creation of the necessary technical conditions in your area of responsibility for the contractual use of the Services. erhebung.de owes you no relevant advice.
  3. erhebung.de points out that your usage activities can be monitored to the extent permitted by law. This may also include the logging of IP connection data as well as their evaluation in case of a concrete suspicion of a violation of the present Terms of Use and / or a concrete suspicion of the existence of any other unlawful act or offense.

§ 12 Creation of online surveys by you

  1. erhebung.de provides you with the technical platform for creating and conducting surveys over the Internet. You alone are responsible for the creation of the questionnaire, the underlying logic and the evaluation. erhebung.de provides only the most common tools. This includes the sending of invitation and reminder emails, includes monitoring and control functions, and options for evaluating the surveys. The exact scope of functions results finally from the description under erhebung.de.
  2. As far as you create a subdomain for you in the context of creating a survey, you only receive the simple and for the duration and purpose of the survey limited right to use this subdomain within the framework of the use of the platform use. A claim for transfer of the sub-domain, in particular outside the platform and after termination of the contract does not exist.
  3. By submitting a survey, you grant erhebung.de a free and non-transferable administrative right to the respective contents of a survey:
    • To store & edit the content on the servers of erhebung.de for the purpose of persistence. I.e. the saving & changing of data records in order to make them available to the user at later times.
    • To duplicate the contents on the servers of erhebung.de for the purpose of data backup and data availability. We always maintain at least two identical or replicated databases for the backed-up data. If the primary database fails for technical reasons, the backup database is automatically used. The user is not affected by the failure of the first database, and at the same time his or her data is still backed up.
    Both points are carried out on behalf of the user and are therefore regulated in detail in the data processing agreement (DPA).
    If you remove the content you have posted from the platform, the administrative right granted to us above expires. If you delete your account, all survey data (surveys, survey participations, participation data, etc.) carried out on your account will be completely removed and cannot be restored. This applies to all backup databases.
  4. You are fully responsible for the content you submit. erhebung.de does not undertake a review of the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
    Therefore you declare and warrant to erhebung.de that you are the sole owner of all rights in the content you have posted on the platform or are otherwise authorized (eg by an effective permission of the copyright holder) to discontinue the content on the platform and to grant the rights of use and exploitation according to the preceding paragraph (2).
  5. erhebung.de reserves the right to refuse to post content and / or edit, suspend or remove content that has already been posted (including private messages) without prior notice, provided that the content is posted by the user or the content itself have led to a violation of § 13 or concrete evidence exists that it will come to a serious violation of § 13. However, in this case, erhebung.de will take into account your legitimate interests and will choose the mildest means to ward off the breach of § 13.

§ 13 Prohibited activities

  1. As a Standard Account, you may use our platform for private and commercial purposes.
  2. In particular, unauthorized commercial use includes
    • all offers and applications of paid content, services and / or products both your own and those third parties,
    • all offers, applications and executions of commercial activities such as contests, sweepstakes, barter, advertisements or pyramid schemes, and
    • any electronic or otherwise collection of identity and / or contact information (including e-mail addresses) from members (e.g., for sending unsolicited e-mails).
  3. You, ie Standard and Premium Accounts, are prohibited from any activity on or in connection with the Platform that violates applicable law, violates the rights of third parties or violates the principles of the protection of minors. In particular, you are prohibited from doing the following:
    • the posting, dissemination, offering and advertising of pornographic content, services and / or products that violate child protection laws, data protection laws and / or other law; and / or fraudulent content;
    • the use of content that offends or defames other users or third parties;
    • the use, provision and distribution of content, services and / or products that are protected by law or are encumbered with third-party rights (such as copyrights) without expressly being authorized to do so.
  4. You are also prohibited from doing any of the following activities, regardless of any violation of the law when stopping online coverage or communicating with other users (such as sending personal messages):
    • the spread of viruses, Trojans and other harmful files;
    • the sending of junk or spam e-mails and chain letters;
    • the dissemination of offensive, offensive, sexually explicit, obscene or defamatory content or communication, and any content or communication that is capable of promoting or supporting racism, fanaticism, hate, physical violence or unlawful acts (in each case explicitly or implicitly );
    • the harassment of other users, e.g. by multiple personal contact without or against the reaction of the other user as well as the promotion or support of such harassment;
    • the request of other users to reveal passwords or personal data for commercial, legal or illegal purposes;
    • the distribution and / or public reproduction of content available on the platform, unless expressly permitted by the respective copyright owner or expressly provided as functionality on the platform.
  5. Also prohibited is any action that is likely to affect the smooth operation of the platform, in particular to overburden the systems of erhebung.de.
    6. If you become aware of any illegal, abusive, illegal or otherwise unauthorized use of the portal, please contact

    erhebung.de will then review the process and take appropriate action if necessary.
  6. In the event of suspicion of unlawful or punishable acts, erhebung.de is entitled and possibly also obliged to review your activities and, if necessary, initiate appropriate legal action. This may include the delivery of a matter to the public prosecutor.

§ 14 Blocking of access

  1. erhebung.de may suspend your access to the platform temporarily or permanently if there are concrete indications that you have violated or violated these Terms of Use and / or applicable law, or if erhebung.de has any other legitimate interest in the blocking. In the decision on a blocking is erhebung.de your justified interests adequately considered.
  2. In the event of temporary or permanent blocking, erhebung.de shall block your access authorization and notify you by e-mail.
  3. In the event of a temporary suspension, after expiry of the blocking period, erhebung.de will reactivate the access authorization and notify you via e-mail. A permanently locked access authorization can not be restored. Permanently suspended persons are permanently excluded from the use of the platform and may not re-register on the platform.

5. Processing of your personal data

§ 15 Data protection

  1. (1) To the quality requirements of erhebung.de it belongs to deal responsibly with the personal data of the users (these data are called "personal data" below). The personal data resulting from your registration on the platform as well as from the use of the available services will therefore only be processed by erhebung.de if this is necessary for the contractual provision of services and permitted by law, or ordered by the legislator. erhebung.de will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law.
  2. (2) In addition, we use your personal data only if you have expressly consented to this. You can withdraw your consent at any time.
  3. (3) As a user, you ensure that when creating and carrying out your surveys you protect the privacy of the participants in the survey in particular. This includes but is not limited to the fact that you as the user only process the most necessary data of the participants and only communicate with participants, if and insofar as the participants have consented to the processing of their data or if you as a user have a different data protection permission permit for this processing , Insofar as you are of the opinion that you, as the person in charge within the meaning of Art. 4 No. 7 GDPR, have to conclude a processing contract within the meaning of Art. 28 III GDPR for processing the data with your subscribers with erhebung.de, then you have the draft agreement available under data processing agreement.

6. Limitation of liability

§ 16 Limitation of liability

  1. For damages caused by erhebung.de or by its legal representatives, executives or simple vicarious agents intentionally or through gross negligence, erhebung.de is liable without limitation.
  2. In cases of slightly negligent breach of only insignificant contractual obligations, erhebung.de is not liable. Incidentally, the liability of erhebung.de for damages caused by slight negligence is limited to those damages which typically must be expected to arise within the scope of the respective contractual relationship (contractually foreseeable damages). This also applies to slightly negligent breaches of duty of the legal representatives, executives or simple vicarious agents of erhebung.de.
  3. The above limitation of liability does not apply in the case of malice, in the case of bodily injury or personal injury, for breach of warranties and for product liability claims.

§ 17 Exemption

  1. You agree to indemnify and hold harmless erhebung.de and its employees, bodies, leaders and / or subcontractors and agents in respect of any loss, damage, liability, claims, claims, costs, processes, procedures and expenses ( including reasonable attorney's fees) in relation to:
    • any non-compliance with data protection
    • any infringement of property rights of third parties

7. Other provisions

§ 18 Writing requirement

  1. Unless expressly stated otherwise in these Terms of Use, all statements made in the context of use on the Platform must be made in writing or by e-mail. The e-mail address of erhebung.de is

    The postal address of erhebung.de is

    Changes to the contact details are reserved. In case of such a change, erhebung.de will inform you about this.

§ 19 Severability clause

  1. Should any provision of these Terms of Use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provision, an effective provision shall be deemed to have been agreed, which comes closest to the economic intention of the parties.

§ 20 Applicable law

  1. These Terms of Use are exclusively subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods (CISG).

§ 21 Jurisdiction

  1. The place of fulfillment and the exclusive place of jurisdiction for all disputes arising from these terms of use is, as far as such a choice of court agreement is permissible, the seat of erhebung.de.