Terms of Sale

1. Subject matter and acceptance

These Terms of Sale (the «Terms») govern the supply, against payment, of a licence for the LOOP plugin for Moodle («LOOP», the «Plugin»): the issue of a licence key, the activation and verification service operated by the Provider, and the delivery of the updates the Provider distributes.

They do not transfer, restrict or condition any right in the Plugin’s source code. Those rights are granted by the GNU General Public License and are described in section 4.

Placing an order, accepting a quotation, purchasing a licence through the Moodle marketplace, or activating a licence key constitutes acceptance of these Terms.

2. Provider and contact

The Provider is DL&P GmbH, registered office at Am Luchsgraben 17, 8051 Zurich, Switzerland, company identification and VAT number CHE-130.760.530.

Notices under these Terms may be sent through the contact form at plugins.dl-p.ch or by post to the registered office above.

Technical documentation is published at plugins.dl-p.ch/loop-docs. Defect reports and feature requests are received through the public issue tracker at github.com/vikeriait/moodle-local_loop-issue-tracker.

3. What is sold

The fee is consideration for:

• the issue of a licence key for the installations covered by your order;
• the activation and periodic verification service operated by the Provider;
• the updates to the Plugin that the Provider distributes during the licence term.

The fee is not consideration for the source code, and paying it neither buys nor restricts any right that the GNU General Public License already grants you.

The fee does not include technical support, installation, configuration, migration, training, customisation or development work. Those services are supplied only under a separate written agreement or accepted quotation, on the terms set out there. See section 10.

Prices, currency, term, the number of installations and seats covered, and renewal conditions are those set out in the order, the accepted quotation or, where the licence was purchased through the Moodle marketplace, in the terms of that channel. Where those terms and these Terms are inconsistent, the order or the channel terms prevail on price, payment and refunds.

4. Software licence and source code

The Plugin is free software, licensed under the GNU General Public License, version 3 or later (the «GPL»). The rights the GPL grants you — to run, study, modify and redistribute the code, including any code you receive from the Provider or through the Moodle marketplace — prevail over any provision of these Terms that conflicts with them. Nothing in this document restricts, conditions or purports to derogate from the GPL as regards the Plugin’s code.

The licence text is published at www.gnu.org/licenses/gpl-3.0.html and accompanies the Plugin’s source code. Recipients of the Plugin may obtain the corresponding source code from the Provider on request, in accordance with the GPL.

Two consequences follow, and they are stated here so that no expectation rests on the wrong one:

• You may modify your copy of the Plugin, including the parts that verify the entitlement, and you may redistribute your modified copy under the GPL. Doing so requires no permission from the Provider.
• A modified copy is outside the scope of the updates and of any support or service commitment: the Provider owes nothing in respect of code it did not distribute, and the activation service is offered only for the Plugin as distributed by the Provider.

5. Licence key, activation and permitted installations

Licence-dependent features (section 6) operate only where the Plugin holds a valid signed entitlement obtained by activating a licence key.

The entitlement is bound to the individual Moodle installation: it is issued against a value derived from the installation’s address and a secret generated by that installation, and it does not verify anywhere else. A copy of the files and database restored at another address — a staging or test clone included — therefore requires its own activation.

The number of installations that may hold an activation at the same time, and the number of seats accounted for, are those stated in your order. The Plugin does not enforce a user count locally; seats are accounted for on the Provider’s licensing service. Operating licence-dependent features on more installations than your order covers requires an extension of the licence.

A site with no outbound internet access may be activated with an entitlement file issued by the Provider. Such an entitlement is not re-verified over the network.

6. Licence-dependent features, and what always works

An active licence is required to:

• create, edit and delete certifications and editions;
• edit the wording of the notices;
• import either CSV file;
• queue and send notices, including a manual send, a resend and a test send;
• send the monthly manager report;
• recompute the validity of an issued certificate.

The following are never blocked, in any licence state:

• the dashboards, the user status pages and the certification history;
• the message logs, the mail queue and the record of what was sent;
• CSV export of both files, table downloads and Report Builder reports.

There are no feature tiers: either the licence-dependent features operate, or they are paused.

While the licence is not active, the Plugin continues to recalculate statuses and dates on schedule, so the figures on those pages keep telling the truth. What pauses is the queuing and the sending of notices. Notices already queued are held rather than discarded, and are sent once a licence is active again. A lapsed licence pauses the automation; it cannot lock you out of your own compliance data.

7. Verification, data transmitted and offline operation

The Plugin verifies the entitlement’s signature locally, and contacts the Provider’s licensing service — by default at license.dl-p.ch, and at the address configured on the site where a different one applies — to establish that the licence has not been withdrawn, that the installation still holds an activation, and how many seats to account for.

Activation transmits a hash of the installation’s identity, a one-way hash of the administrator email address, and the Moodle, plugin and PHP versions. Periodic verification transmits the installation hash, the Moodle and plugin versions and a count of active users. No personal data of learners is transmitted. What leaves the site is declared through Moodle’s Privacy API and appears in the site’s privacy registry.

Where the licensing service cannot be reached, the cached entitlement keeps licence-dependent features running for a further 14 days. Once that window closes with no successful verification, those features pause; the features listed as never blocked do not.

Where an entitlement has passed its expiry date, the Provider may grant a grace period on the entitlement itself, during which licence-dependent features continue to operate.

8. Term, renewal and payment

The licence runs for the term stated in your order and does not renew automatically unless the order says so. An expired licence pauses licence-dependent features as described in section 6.

Invoices are payable on the terms stated in the order. Where the licence was purchased through the Moodle marketplace, payment, invoicing and refunds are governed by that channel’s terms.

Fees are exclusive of value added tax and of any withholding or other tax or duty, which are borne by the customer where applicable.

9. Suspension and revocation

The Provider may suspend or revoke an activation where:

• an invoice remains unpaid after written notice and a period of at least 15 days to remedy;
• licence-dependent features are operated on more installations, or for more seats, than the order covers;
• the licence key is disclosed or used outside the customer’s organisation, or the activation service is used in a way that circumvents seat or installation accounting.

Suspension and revocation stop the licence-dependent features and nothing else: the features listed in section 6 as never blocked remain available, and no data held in the customer’s Moodle installation is deleted, hidden or degraded by the Provider.

10. Support, installation and additional services

No support obligation and no response time arise from the purchase of a licence. Support, installation, configuration and any other professional service is owed only where a separate written agreement or an accepted quotation says so, and on the terms set out there.

Defect reports and feature requests may be submitted through the public issue tracker. They are considered at the Provider’s discretion, and submitting one creates no obligation to respond, to correct, or to develop.

11. Updates

During the licence term the customer is entitled to the updates the Provider distributes for the release line purchased. The Provider does not guarantee that future updates will be produced, that compatibility with later Moodle or PHP releases will be maintained, or that any particular feature will be developed.

The technical prerequisites for running the Plugin are those stated in the documentation at the time of supply. Installing an update remains the customer’s operation, on the customer’s infrastructure.

12. Data protection

The Provider processes the data transmitted by the Plugin (section 7) and the data submitted when ordering, as controller, as described in the privacy policy published on this website.

Personal data of learners processed inside the customer’s Moodle installation is processed by the customer as controller. Where the Provider processes such data in the course of a service supplied under a separate agreement, that processing is governed by a data processing agreement under Article 28 GDPR, concluded separately from these Terms.

13. Disclaimer of warranty

Beyond the mandatory warranties that Swiss law provides and that may not be excluded, the Plugin is supplied «as is», without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, availability, security, uninterrupted operation or freedom from defects.

Whether the Plugin is adequate for the training, certification or safety obligations applicable to the customer’s organisation is for that organisation to assess. The Plugin records and reports what the customer’s Moodle installation contains; it does not establish compliance and does not replace the customer’s own controls.

14. Limitation of liability

To the maximum extent permitted by law, the Provider’s aggregate liability arising out of or in connection with these Terms is limited to the fees paid for the licence in the twelve months preceding the event giving rise to the claim.

The Provider is not liable for indirect, incidental, consequential or special damage, and in particular for loss of data, loss of profit, downtime, business interruption, security incidents, regulatory penalties, or the consequences of notices not sent, sent late or sent to the wrong recipient.

These limitations do not apply in the case of intent or gross negligence, or where liability may not be limited under applicable law.

15. Third-party software and trade marks

The Plugin runs inside Moodle and is not supplied by, endorsed by or affiliated with Moodle Pty Ltd. Moodle is a registered trade mark of Moodle Pty Ltd. Moodle, its own plugins and the infrastructure the customer runs them on are outside the scope of these Terms.

16. Changes to these Terms

The Provider may amend these Terms for legal, technical or organisational reasons. The version in force is published together with its last-updated date. Amendments apply to orders placed after publication and do not affect a licence already purchased for its current term.

17. Governing law, jurisdiction and final provisions

These Terms are governed by Swiss law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland.

Where a provision of these Terms is or becomes invalid, the remaining provisions stay in force, and the invalid provision is replaced by the valid provision closest to its purpose.

In the event of inconsistency, the following order prevails: the GPL as regards the Plugin’s code; the signed agreement or accepted quotation; the terms of the channel through which the licence was purchased, as regards price, payment and refunds; these Terms.