General Terms & Conditions

Thank you for using the products and services (“Services”) of stromlaufplan.de.

These Terms and Conditions set out the terms on which Stefan Hansel Solutions UG haftungsbeschränkt (“Provider”) provides services to you and explains how you can access and use the Services.

Services

1. stromlaufplan.de is a website with which graphical representations of wiring diagrams can be created via simple configuration. A user account must be created for use, which establishes the contractual relationship.
2. By creating a user account, the services can be tried out free of charge and tested concerning the desired range of functions. This does not constitute an obligation to accept.
   By purchasing a license, extended functionalities are activated (e.g. download of plans as PDF).
3. Claims under these terms and conditions can only be asserted once a license has been acquired.
4. The Provider provides the services, in particular access to the software, in its area of availability (from the data center interface to the Internet). The provider is not responsible for establishing and maintaining the data connection between the customer’s IT systems and the transfer point described.
5. Additional services, such as the development of customized solutions or necessary adaptations, require a separate contract.
6. The services are continuously changed and improved by the provider. The Provider may make additions or changes to its Service or remove functionalities from its Service at any time without prior notice.

 

Availability

1. Platform outages may occur for technical reasons beyond the operator’s control. In this case, the operator guarantees to do everything in its power to restore availability as quickly as possible.
2. The provider draws the customer’s attention to the fact that restrictions or impairments of the services provided may arise that are beyond the Provider’s control. This includes, in particular, actions of third parties who do not act on behalf of the Provider, technical conditions of the Internet beyond the Provider’s control, and force majeure. The hardware, software, and technical infrastructure used by the customer can also influence the provider’s services. Insofar as such circumstances influence the availability or functionality of the service provided, this does not affect the contractual conformity of the services provided.
3. For customers with licensed projects, an availability of 97% is guaranteed on weekdays between 06:00 and 22:00 on an annual average, whereby we aim for a significantly higher availability. Higher availabilities can be agreed upon through individual agreements.
4. The customer is obliged to report any functional failures, malfunctions, or impairments to support@stromlaufplan.de immediately and as precisely as possible.

Data protection and data security

1. As an integral part of these T&Cs, is the Privacy Policy. By accepting these T&Cs, the user confirms that he or she has read, understood, and fully accepted the Privacy Policy.
2. The Provider undertakes to maintain the strictest secrecy about all confidential processes that come to its knowledge in the course of the preparation, execution, and fulfillment of the contract, in particular business or trade secrets of the User, and not to pass them on or use them in any other way.
3. This does not apply to information that is publicly available or becomes publicly available without undue action or omission on the part of the contracting parties, or that must be made available by judicial order or by law.
4. It is agreed that the customer remains the master of the data both in general in the contractual relationship and terms of data protection law. The customer is the sole authorized party concerning the right of disposal of all data used by him. The Provider and all parties involved in the execution of the contract on its side do not control the legal admissibility of the collection, processing, and use of the data stored for the Client. The customer is solely responsible for the collection, processing, and use of personal data.
5. In the case of support assistance with problems of the customer, it may be necessary to access the customer’s records.
6. The provider guarantees that the customer’s data is stored exclusively in Germany.
7. The provider is obliged to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the user’s data. To back up all of the user’s data generated during use, the operator creates a backup once a day. The user has no right to have his data restored. When and if the provider recovers data is at the discretion of the provider. The user is obliged to back up his data himself, e.g. through regular exports.

Warranty

1. According to the state of the art, it is not possible to exclude or predict errors in information technology programs under all conditions of use. Due to these conditions, specific errors may occur, or functionalities requested by the customer may not be realized. In these cases, constructive cooperation is required to identify the error and then eliminate or work around it.
2. In the event of only an insignificant reduction in the suitability of the services for use under the contract, the customer shall not be entitled to any claims due to defects.
3. If a defect is not remedied within a reasonable period, in which case three attempts at rectification are entitled, the customer may, at his option, demand a reduction in the price or, if the value or suitability of the work is significantly reduced, the repayment of the license price.

Obligations of the customer

1. The supplier cannot guarantee the accuracy of the wiring diagrams produced, but we work closely with experts in each area to ensure that high-quality diagrams are produced. The wiring diagrams created must be checked for technical correctness before they are passed on to the customer.
2. The customer is responsible for backing up their data and creating plans.  The customer is responsible for maintaining, protecting, and creating backups. To the extent permitted by law, the provider disclaims any liability for omitted storage loss or falsification of the content.
3. The user undertakes, not to misuse the Platform, in particular not to introduce any data into the system that contains a computer virus (infected software).
4. You must not misuse our Services by interfering with their normal operations or by accessing them by any means other than the interfaces and instructions provided by us.
5. You may not misuse or overuse the Services, i.e. to an extent that is significantly greater than the average normal amount of use and may affect the speed, responsiveness, stability, or functionality of the Services for other users.
6. The User undertakes to prevent unauthorized access to the Software by third parties by taking appropriate precautions. This includes keeping the username, e-mail address, and password secret and not making them accessible to third parties.

Copyright

1. All texts, images, graphics (e.g. circuit symbols, logos), and other works made available within the user account are protected by copyright. In connection (and unit) with the created circuit diagram, the user may of course reproduce, make it available to others, or demonstrate it.
2. It is not permitted to remove the copyrighted elements from the context.

Liability

1. The customer’s claim for damages due to a defect is excluded. Excluded from this are claims for injury to life, limb, or health, if the provider is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty.
2. The Provider’s liability for breaches of essential contractual obligations caused by slight negligence is limited to the damages typically foreseeable at the time the contract was concluded. The Provider shall not be liable for the slightly negligent breach of minor contractual obligations. Main performance obligations are obligations that are essential for the execution of the contract and on the observance of which you as a customer regularly rely on and may rely.
3. There is no liability for indirect damages, consequential damages, or loss of profit unless the liability was justified by intent or gross negligence.
4. The Provider shall not be liable for the recovery of data unless the Provider has caused its destruction through gross negligence or intent.

Termination of the Contract

1. Both parties reserve the right to terminate the contract for good cause if the statutory requirements are met.
2. Upon termination of the Contract, the Provider shall return to the Customer all documents provided by the Customer and still in the Provider’s possession, as well as data carriers in connection with this Contract.
3. The Provider may terminate your account and delete any content in it if no account activity has been detected for more than 12 months (such as logging into the event log or a payment).
   Before an account is closed, the user will be able to log into the account for it to remain active.
4. The provider may revoke the customer’s access authorization and/or terminate the contract if the customer significantly exceeds the usage granted to him or violates regulations to protect against unauthorized use.
5. If one of the provider’s services is terminated, you will receive a notification in advance so that you can export your content from the service.

Changes to the T&C

1. The provider reserves the right to amend these T&Cs at any time and without giving reasons. Changes will be communicated 60 days before the effective day. By continuing to use the platform after the amended T&Cs come into force, the user declares his agreement with them.

Final Provisions

1. The obligations arising from a contract are fulfilled exclusively in the Federal Republic of Germany.
2. The place of jurisdiction for all contractual claims and claims in connection with the concluded contract is Berlin. In the event of disputes, the law of the Federal Republic of Germany shall apply.