Subject matter: These General Terms and Conditions (T&C) govern the contractual relationship between GoExam Labs GbR, Friedrich-Ebert-Straße 23, 63225 Langen (hereinafter: GoExam) and its customers regarding the use of the web-based software-as-a-service platform GoExam under https://www.goexam.de and related services.

Service models: The offer includes the free GoExam Free scope and paid GoExam Teacher subscriptions. The specific functional differences and usage limits are defined in § 3 of the Terms of Use and the current service description on the website.

Contracting parties: GoExam concludes contracts with subscribers (natural persons, especially teachers and trainee teachers) and buyers (public-law entities or private institutions, e.g., schools).

Paid services may only be used by persons who are of legal age and have full legal capacity.

Exclusivity: Only these T&C apply. Deviating terms of the customer do not apply unless GoExam expressly agrees in writing.

Terms of Use: GoExam's current Terms of Use specify permitted use of the platform and form a supplementary part of this contractual relationship.

Software-as-a-Service: The contract concerns temporary provision of the web-based software GoExam under a SaaS model.

Scope of features: The concrete scope depends on the selected license model (GoExam Free or GoExam Teacher) according to the current service description.

Product development: GoExam continuously develops the platform. There is no claim to retention of specific functions, versions, interfaces or design elements.

Customer content: Customer-created content should generally remain unaffected by feature changes. However, GoExam does not guarantee unlimited long-term editability or compatibility (e.g., after platform migrations or security changes).

Beta features: Features marked as beta may be changed or discontinued at any time without notice and without entitlement to error-free or permanent availability.

Contract formation (subscriber): A GoExam Teacher contract is formed when the registration process is completed, valid billing information is provided, and the paid booking is confirmed.

Contract formation (institutional buyer): A contract for licenses is formed by explicit written order confirmation by GoExam or by provision of license codes.

The customer agrees, at booking, to immediate service start within the withdrawal period.

Initial term: Each newly concluded subscription establishes a separate initial term of 12 months, regardless of any previous terminated contracts.

Ordinary termination during initial term: Either party may terminate with one month's notice to the end of the initial 12-month term. Ordinary early termination during initial term is excluded.

After initial term: If not terminated at the end of the initial term, the contract continues for an indefinite period and may then be terminated by the customer with one month's notice.

Form of termination: Termination may be submitted via account cancellation function or in text form (e.g., email).

After contract end: There is no entitlement to continued use of paid features. Content may become restricted or be deleted according to the following provisions.

Capacity limits: Content created under Teacher remains in principle in the account. If data exceeds Free-plan limits, editing or creation of new documents may require data reduction or a new subscription.

No guarantee of permanent availability: GoExam does not guarantee permanent availability, editability, or restorability of content after downgrade to Free or after contract termination.

Deletion for inactivity: GoExam may permanently delete Free-plan accounts including stored data after at least 24 months of inactivity. Notice is sent by email at least four weeks before deletion.

Customer backup duty: The customer is responsible for backing up data (e.g., tasks and exams) in time using export functions (e.g., PDF export) before downgrade, restriction, or deletion.

Fees: The current fee for GoExam Teacher is EUR 59.00 per year (including applicable statutory VAT), payable in advance for the selected billing period.

Payment processing via Stripe: Payments are handled by Stripe Payments Europe, Ltd. Stripe's terms and privacy policy additionally apply. The customer authorizes transmission of required transaction data and collection of due fees via selected payment method.

Pro-rata refund: If the customer terminates after the initial term with one month's notice, prepaid yearly amounts for the period after effective termination are refunded pro rata. No such refund applies during the initial term.

Default and chargebacks: In case of payment default or failed collection, GoExam may block access to Teacher features until payment is received and may use alternative stored payment methods. The customer must reimburse additional costs caused by failed transactions if responsible.

Price adjustments: GoExam may adjust prices for future periods at equitable discretion due to external factors (e.g., AI interface costs, server capacity, inflation, VAT changes). Changes are communicated at least eight weeks before the end of the current billing period. In case of price increases, the customer has a special termination right effective on the change date.

Contract relationship: For purchases by institutions, the contract exists exclusively between GoExam and the institutional buyer. Teachers or staff are authorized end users.

Distribution and access management: The buyer is solely responsible for lawful and contract-compliant distribution of license keys/access to end users and for ensuring usage within the agreed scope.

Site/license scope: Unless agreed otherwise (e.g., district license), school licenses are site-specific and limited to staff of the contractual organizational unit. Cross-site use or transfer to third parties outside the institution is prohibited.

Seat model and transferability: The institution acquires a fixed number of seats.

Administration: Access assignment and revocation must be managed by an administrator appointed by the buyer.

Staff changes: If an end user leaves the institution, access must be deactivated immediately; the freed seat may be reassigned to another authorized end user of the same institution.

No account sharing: Each access is personal. Simultaneous use by multiple persons or sharing individual login credentials is prohibited and constitutes a material breach.

Data control on deactivation: When access is deactivated, end-user access to content under that license ends. The buyer is responsible for required backups/exports before deactivation.

Compliance and indemnity: The buyer must inform end users about these T&C and Terms of Use and ensure compliance. End-user violations are attributable to the buyer.

The following right of withdrawal applies only to subscribers who qualify as consumers under § 13 BGB.

Withdrawal notice: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right, inform us (GoExam Labs GbR, Friedrich-Ebert-Straße 23, 63225 Langen, email: widerruf@goexam.de) by clear declaration (e.g., letter or email). You may use the attached model withdrawal form, but this is not mandatory.

To meet the deadline, it is sufficient to send notice of exercise of withdrawal rights before expiry of the withdrawal period.

Consequences of withdrawal: We will reimburse all payments received from you without undue delay and at the latest within fourteen days from receipt of your withdrawal notice, using the same payment method unless expressly agreed otherwise.

If you requested service performance to begin during the withdrawal period, you must pay an appropriate amount corresponding to services already provided up to the time of withdrawal notice.

Goodwill policy note: If you have not yet used Teacher benefits (e.g., creating more than one exam or using AI features), we refund the fee in full. If Teacher services were already used, pro-rata compensation may apply.

Warranty: GoExam provides the software in its current version. Rental-law warranty rules apply. Strict liability for defects existing at contract conclusion under § 536a(1) BGB is excluded. Customers must report obvious defects without undue delay.

Unlimited liability: GoExam is fully liable for damages from injury to life, body, or health and for intent or gross negligence.

Liability for slight negligence: In cases of slight negligence, GoExam is liable only for breach of essential contractual obligations and limited to foreseeable typical contractual damage.

Data loss: Liability for data loss is limited to restoration effort that would have occurred with regular and risk-appropriate customer backups.

Availability: GoExam aims for 99% average annual availability. Planned maintenance and events outside GoExam's control are excluded. There is no claim to uninterrupted or error-free availability at all times.

Support: There is no entitlement to individual support with fixed response times unless explicitly agreed in writing.

Ownership: All rights to GoExam software, underlying technology, design, database structures, and GoExam-provided content remain exclusively with GoExam.

License scope: During contract term, GoExam grants a simple, non-transferable, non-sublicensable right to use the software as intended via the internet.

No account sharing: GoExam Teacher access is personal and may not be transferred or shared.

Customer content rights: Uploaded or created customer content remains the intellectual property of the customer.

License for contract performance: Customer grants GoExam a simple, geographically unrestricted right to use content for contract fulfillment (storage, display, processing).

License upon publication: If customer explicitly publishes/shares content with the community, customer grants GoExam a simple, irrevocable, transferable, sublicensable, unlimited-term license for permanent availability in the community pool.

AI training use: Customer grants GoExam the right to use created tasks/content in anonymized and aggregated form for analysis, quality assurance, algorithm improvement, and AI training; personal data is excluded.

Opt-out: Customer may object to training use of anonymized content at any time with future effect via profile settings or email.

GoExam processes personal data in strict compliance with GDPR, BDSG, and applicable data protection law. Details are available at https://goexam.de/datenschutz.

For institutional use involving commissioned processing of personal data (especially student/performance data), a data processing agreement under Art. 28 GDPR is mandatory.

GoExam's standard DPA becomes an integral contractual component in such cases.

The DPA is usually concluded digitally during registration or via institutional administration interface.

In commissioned processing, the institution remains controller; GoExam acts as processor and processes data only on documented instructions unless legal obligations require otherwise.

GoExam implements appropriate technical and organizational measures, documented in the DPA.

GoExam may temporarily or permanently suspend access if there are sufficient indications of breach of essential contractual obligations, applicable law, or abusive use.

As a rule, suspension follows prior warning in text form unless severity justifies immediate suspension.

The right of both parties to extraordinary termination for good cause remains unaffected.

Good cause for GoExam exists in particular where the customer intentionally provided false information during registration, remains in payment default despite reminder, or uses the platform unlawfully / infringes third-party rights significantly.

In justified extraordinary termination by GoExam, entitlement to fees already paid for the current period may remain as lump-sum damages, subject to proof of lower damage by the customer.

GoExam is not liable for disruptions, delays, or temporary unavailability caused by force majeure or other unforeseeable circumstances beyond GoExam's control.

This includes in particular natural disasters, power/network/internet outages, outages in data centers or external infrastructure, third-party provider outages (e.g., AI/cloud), governmental measures, labor disputes, or cyber incidents not based on intentional or grossly negligent breach by GoExam.

GoExam may amend these T&C and supplementary Terms of Use for the future if justified by material reasons (e.g., legal changes, feature expansion, technical adjustments).

Changes are announced in text form at least six weeks before intended effective date and are deemed accepted if the customer does not object within four weeks after receipt. GoExam will explicitly inform about this consequence.

Material changes affecting the core performance-price balance require explicit consent. If feature changes materially impair legitimate customer interests, a special termination right applies from the effective date.

German law applies exclusively; CISG is excluded.

For merchants, public-law legal entities, or special public funds, Darmstadt is the exclusive place of jurisdiction.

For consumers, statutory venues apply; choice of law applies only insofar as mandatory consumer protection law of habitual residence is not withdrawn.

GoExam is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

If any provision of this agreement is invalid, unenforceable, or otherwise not legally enforceable, it is deemed severable and does not affect the validity of the remaining provisions.