PLANTA Customer Area Terms and Conditions of Use
1 Subject and field of application
- The customer area of PLANTA Projektmanagement-Systeme GmbH, Bunsenstraße 14, D-76135 at www.planta.de may only be used on the basis of these terms and conditions (hereinafter referred to as: “terms and conditions of use”). Other conditions shall not become content of this contract, even if PLANTA does not expressively contradicts them.
- These terms and conditions of use govern the contractual relationship between PLANTA and the natural or legal persons using the platform (hereinafter referred to as “user”). The terms and conditions of use are sent to the user as part of the customer area registry procedure (see section 2 of these terms and conditions of use) and can be printed out.
- PLANTA reserves the right to change its terms and conditions of use. Changes to these terms and conditions of use will be announced to registered users via e-mail at least six weeks ahead. They are considered as accepted if the user does not revoke within six weeks after reception of this announcement. Your notice of opposition must only be sent timely within the specified period of time. The notice of opposition can be sent via mail or e-mail to the addresses specified under Head Office. PLANTA commits itself to point out the six week period and the legal consequences of remaining silent explicitly in the e-mail announcing the change. The mentioned legal consequence only takes effect if the user has actually been informed.
2 Requirements for using the customer area
- Requirements for using the customer area are
- the conclusion of a software maintenance contract for PLANTA software between PLANTA and the enterprise or company or employer of the user, OR
- the conclusion of a testing agreement for PLANTA software between PLANTA and the enterprise or company or employer of the user
and the registration as a user of the customer area.
- An agreement on the use of the customer area(hereinafter referred to as “license agreement”) is formed by the customer’s informal application to PLANTA for access to the customer area and PLANTA’s offer for the conclusion of a license agreement by dispatching the customer area access information to the customer and the customer’s acceptance of this offer by registering as a customer area user.
- For the registration, the transmission of a valid e-mail address, a user name, a customer name and a company address to PLANTA is required. In the course of his registration, the user shall not violate any third party rights. A violation of any third party rights may be given, e.g., if personal information or other third party data, e.g. name or e-mail address, is used without their consent.
- A transfer of the license agreement to any third party is not permitted. Multiple registrations are not allowed.
- The user is obliged to keep the password generated upon registration secret and not to pass it on to any third person. If the user suspects that his access data have become known to a third person or that a third person has unauthorized access to the customer area, he or she is obliged to inform PLANTA and change his or her access data right away. PLANTA will not make the password available to any third person and will not ask you to disclose your password via phone, e-mail or any other internal communication channel at any time.
3 Scope of supply of the customer area
- For users, the access to the customer area is free of charge. The customer area can be accessed via common internet browsers. The internet connection itself is not included in the scope of supply of the customer area.
- Via the customer area, the user has the chance to download PLANTA software and new software versions as well as the corresponding documentation and use them in accordance with the PLANTA License and Software Maintenance Terms, accessible under Terms and Conditions.
- The user has no claim to the retention of the functionalities and services of the customer area as provided at the time of his or her registration. PLANTA reserves the right to restrict the functionality and service of the customer area in part or temporarily in whole. In order for the customer area to be adjusted continuously according to customer wishes, PLANTA has the right to disable subareas of the customer area temporarily or permanently or to complete them and adjust the scope of supply accordingly.
4 General terms and conditions of use for the customer area
- PLANTA has the right to provisionally block the access to the customer area if there is reasonable doubt about the legitimacy of usage. PLANTA will inform the user of such blocking immediately and set a reasonable period of time for him or her to make a statement.
5 Duration and termination of the license agreement
- The license agreement starts with the customer’s registration as a user of the customer area (see § 2 section 2 and section 3 of these terms and conditions of use).
- The license agreement automatically ends with the termination of the software maintenance agreement or the contract on the PLANTA software testing agreement.
- The user can terminate the license agreement at any time before the automatic termination according to section 2, without complying with a certain deadline by sending his notice to PLANTA Projectmanagement-Systeme GmbH, Bunsenstr. 14, D-76135 Karlsruhe, or via e-mail to email@example.com. PLANTA does not have the right to terminate the license agreement ordinarily. This does not affect PLANTA’s right to terminate the license agreement extraordinarily.
- PLANTA has the right to terminate the license agreement extraordinarily upon serious or sustained infringement by the user without complying with a certain deadline and to block the user’s access to the customer area.
6 Indemnification and reimbursement of expenditures
- PLANTA assumes no liability for information and data of any third person. This applies particularly to completeness, correctness, freedom from rights of any third party or the conformity with legal requirements or other mandatory regulations.
- PLANTA assumes no responsibility for errors, defaults, interruptions, deletions, defects, delays upon operation or transfer, breakdowns of the communication line as well as unauthorized access to, or theft, destruction or modification of user contents. PLANTA is not responsible for any problems or technical malfunctions with respect to telephone networks or lines, online systems, servers or providers, computer equipment, software, as well as for breakdowns due to technical problems or data congestion in the internet and/or the customer area or a combination of all of this. PLANTA does not assume liability for the transmission and/or the timely transmission of information, data, e-mails and other messages.
- PLANTA will pay damages or reimburse wasted expenditures, irrespective of the legal basis, only to the following extent:
- The liability based on intent and warranty is unlimited.
- In case of gross negligence, PLANTA shall be liable up to the typical amount of loss foreseeable at the time of conclusion of the contract.
- Furthermore, PLANTA is only liable upon destruction of life, bodily injury and damage to health.
- The right to contest objection of contributory negligence remains open to PLANTA.
- The laws of the Federal Republic of Germany apply to this contract with the exclusion of private international law and the UN Sales Convention which was adopted to German law.
- For business contracts, jurisdiction for all disputes in connection with and arising from this contract shall be the residence of PLANTA. PLANTA also has the right to sue at the user’s general jurisdiction.
Date: June 2019