General Terms and Conditions of Use of Allplan Connect Portal, Allplan Campus Portal and Allplan Bimplus Portal
1. General Provisions / Area of Application
1.1 The following Terms and Conditions of use for the Allplan Connect Portal, the Allplan Campus Portal and the Allplan Bimplus Portal in their respective current version shall become applicable when requesting the pages and services with and without registration or login by the user. Access and use of the contents and services offered on the portal shall be the subject matter of the present Terms and Conditions of Use. The Terms and Conditions of Use below shall apply to all contents and services offered on the portal, unless in individual cases separate terms and conditions of use apply to individual contents and/or services. The above shall apply mutatis mutandis to later extensions, changes and the like of the contents and services offered on the portal.
1.2 Through using the portal and/or the contents offered on the portal, the user shall accept the present Terms and Conditions of Use without reservation. Divergent, contradicting or supplementary General Terms and Conditions or terms and conditions of use of the user shall not be applicable under any circumstances. Purely as a precaution, the application of such terms and conditions of the user shall already be contradicted now. To the extent that the user does not accept the present Terms and Conditions, they must not use the contents and services either for themselves or for third parties. The user shall always use the contents and services of the portal at their own risk and on their own responsibility. The user shall be responsible themselves to ensure compliance with the respective valid statutory provisions applicable to the type of use chosen by them. In particular, the user shall themselves be obliged to ensure that their use of the offered services and contents neither directly nor indirectly violates the rights of third parties.
1.3 A prerequisite for the use of the portals is online access to the Internet; dialling in to the Internet may be associated with dial-up and/or telephone costs from the respective provider concerned. The actual use of the portal, its services and contents shall be free of charge for the user, unless specific reference is made to a charge in the respective service. Allplan reserves the right at their sole discretion to introduce a charge at a later point in time for contents and services free of charge at present. Any claim for any general use of the portal, its services and contents free of charge shall not exist.
1.4 Upon registration on the portal, the user will be required to provide truthful, accurate, current and complete information about their person in accordance with the specifications made on the relevant registration form and to update this data if necessary so that it remains truthful, accurate, current and complete. In the event of any incorrect information, the portal provider reserves the right to block the user from using the portal either temporarily or permanently.
1.5 The present General Terms and Conditions of Use may be amended by the portal operator at any time without giving reasons, unless this is unreasonable for the user. In order to make further use of the portal, its services and contents, the user shall be obliged to expressly agree with the respective then applicable Terms and Conditions of Use. Without this declaration of consent, the right and the possibility on the part of the user to any further use of the portal, its contents and its services shall cease to exist.
2. Group of Users and Use
2.1 Allplan Connect Portal
2.1.1 Use of the content and service offerings on the ALLPLAN CONNECT Portal is aimed at operators of the Allplan software, customers of the company Allplan and other interested parties. The group of users shall not be subject to any restriction.
2.1.2 The user may use the contents and services offered on the portal for both professional and private purposes, provided that the user complies with the statutory provisions applicable in this context to the respective type of use and only to the extent that the offers and services of the portal are not misused for unlawful purposes.
2.2 Allplan Campus PORTAL
2.2.1 Use of the content and service offerings on the ALLPLAN CAMPUS PORTAL is aimed at students and lecturers in the fields of architecture and civil engineering and/or related studies and training courses. It shall be a precondition for downloading software that the user provides suitable proof that they belong to the group of persons named.
2.2.2 Any commercial or freelance use of the offered contents and services by the user or a third party shall not be permitted. Contraventions of usage will regularly lead to the suspension of user’s permission of use and will be legally pursued.
2.2.3 The user shall be forbidden, in particular, from reproducing contents and/or to make contents available for use by any third party who is not part of the group of entitled persons mentioned under Clause 2.2.1 and thus enables such third parties to use the contents for commercial purposes.
2.3 Allplan Bimplus Portal
2.3.1 Use of the content and service offerings on the Allplan Bimplus Portal is aimed at operators of the Allplan software, customers of the company Allplan and other interested parties. The group of users shall not be subject to any restriction.
2.3.2 The user may use the contents and services offered on the portal for both professional and private purposes, provided that the user complies with the statutory provisions applicable in this context to the respective type of use and only to the extent that the offers and services of the portal are not misused for unlawful purposes.
2.4 Use of the contents and services offered on the portals shall be exclusively restricted to the purposes laid down in Clause 2.1.2, Clause 2.2.2 and Clause 2.3.2. The user must not make accessible, publish or disclose the contents and services to third parties for any purpose other than the one mentioned above either on a commercial basis or free of charge.
2.5 In addition to the present Terms and Conditions of Use, the use by the user of the contents and services offered on the portals shall also be subject to statutory provisions, in particular regulations of copyright law. The user shall agree that they will not violate in any manner whatsoever the Terms and Conditions of Use and/or the statutory rights of third parties and/or of the portal operator. Contraventions of usage by the user will regularly lead to the suspension of the user’s permission of use; prosecution of statutory violations under civil and criminal law shall remain reserved to the portal operator.
2.6 User activities aimed at changing the contents and services on the portals and/or rendering them unusable or at hindering, complicating or delaying their use shall be forbidden and may result in civil or criminal legal action by the operator. In particular, the users shall be prohibited from installing files with executable programmes or scripts (e.g. in CGI, Perl or PHP format), from spreading or installing so-called junk or spam e-mails, viruses, worms or Trojan horses, etc., from carrying out e-mail bombing or denial of service attacks or from distributing copyrighted works without authorisation (e.g. software, mp3 files, audio or image formats).
2.7 The user shall be obliged to compensate the operator for any damage that results from any infringement of the obligations referred to above or the violation of own rights or the rights of third parties; this shall also include any indirect damage and property damage. The user shall indemnify the operator against all third-party claims that may result from such infringement.
3. Responsibility for Contents
3.1 The operator of the portals shall strive to ensure that the contents, information and services published on the portal are accurate, complete and up-to-date. Nevertheless, the operator can assume no guarantee or liability whatsoever for the completeness and accuracy of the contents or services placed there. The portal operator does not assume any warranty that the quality of the services and contents placed on the portal is such that they are suitable for the respective purpose of use intended by the user.
3.2 Contents made available for use by the operator are to be distinguished from cross references („links“) to contents made available by other suppliers; to that extent “third-party contents” are therefore also made available for use through such cross reference. The operator shall only be responsible for such third-party contents in cases in which the operator has positive knowledge of them and where it is technically possible and reasonable to prevent their use. Cross references, however, shall always be “living” (dynamic) references. The operator of the portals has checked the third-party contents on first linking to them to see whether they would give rise to any possible civil or criminal responsibility. But the operator shall not be obligated to regularly check the contents their own offering links to for changes that may create new responsibilities. Only when the operator first notices or it is brought to their attention by other parties that a cross reference they have made available to any specific offering triggers civil or criminal responsibility shall they remove the link to this offering, insofar as doing so is technically possible and reasonable for them.
3.3 The users will have the possibility to post their own contents and forum articles on the portal. In this context, publishing contents of the following type shall be prohibited: slander, false claims, abusive criticism, boycott calls of any type, account numbers, private addresses and telephone numbers, cross references (“links”) to pages with illegal or legally questionable content, as well as commercial advertisements. Articles of this type will be removed by the portal operator without further inquiry and the user shall be banned from further use of the portal.
4. Suspension of Use and Deletion of Contents
4.1 The operator shall be entitled to suspend the user’s access to the offers and services upon any infringement of these Terms and Conditions of Use or upon any well-founded suspicion of such an infringement without further indication or grounds. Articles that infringe applicable law, morals, common decency or the rights of third parties or that have suggestive, indecent or abusive contents will be deleted without comment and the user may be blocked from using the forums or deleted completely. If any user violates the Terms and Conditions of Use listed here, such user’s user account and the links established by them will be completely deleted without providing information pertaining to the cause even when the access has been restored.
4.2 The operator expressly reserves the right to delete contents on the portal and articles on the forum without providing particular details about the reasons. A claim to have the portal contents and forum articles preserved shall not be honoured. However, as a rule, user articles in the forum will be deleted only if a violation of Clause 3.3 exists and/or if liability to the operator could result from them. There shall be no claim with regard to the deletion of stored articles. Insofar as the content of an article permits any unambiguous personal reference to the author, however, the deletion and/or anonymisation of the respective article may be requested. Older articles will be preserved as anonymised articles even after the deletion of a user account.
5. Data Security / Data Protection / Use of the Forum
5.1 The internet is a publicly accessible system. The release of the user’s own information on the Internet shall take place at the user’s own risk. The data may be lost or fall into the hands of unauthorised persons.
5.2 Despite this, the operator shall guarantee that the programme-related information made available within their systems will be protected according to the customary standards as well as in accordance with the legal regulations. The operator shall observe the legal data protection regulations. User data shall be handled confidentially. Any onward transmission to third parties shall only take place insofar as this is permitted by the data protection regulations or agreed to by the user. The data privacy declaration made by the operator for these portals shall apply.
5.3 The forum software saves so-called 'cookies' on the user’s computer, i.e. small pieces of information enabling it to offer customer-specific and personalised services. The data stored there improves the usability of the forum, for example, by showing new articles since the last visit or saving the username and password, insofar as the user wishes this. Cookies remain saved on the hard disk until they are deleted manually. However, the browser can be set in such a manner that either no cookie is stored automatically or only following a separate request. If the user does not wish cookies to be stored, however, this may result in restrictions regarding the use of individual offers.
5.4 Users have the possibility of sending messages via the forum software. In this process, the sender does not learn the receiver’s address. In the case of any forum articles, the system saves information on the name and e-mail address, but also the anonymised IP address. E-mail addresses and anonymised IP addresses will, however, only be accessible by the operator's employees. To prevent misuse, the operator reserves the right to check these messages, but only in the case that there is already an actual suspicion of a severe violation of the present Terms and Conditions of Use or of statutory provisions.
6. Warranty and Liability Disclaimer
6.1 Use of the portal shall take place at the user’s own risk. The operator shall not assume any warranty for the accuracy and completeness of the contents stored on the portal pages by them or placed there by third parties. The operator shall not be liable for any possible damage that may arise through use of the portal and the services and contents offered on them; in particular, the operator shall not be liable for the suitability for the user’s purposes of the information and services made available. Responsibility for use of the information and services made available shall rests with the user.
6.2 The operator shall not be liable for ensuring that the contents and services placed by third parties on any of the portals are free of the rights of third parties. Such contents and services may be encumbered with third-party rights so that it may be possible that the users make themselves liable towards such third parties when using these services and contents. Any use of the contents and services placed by third parties on the portals shall thus be at the user’s sole risk and on their sole responsibility.
6.3 In addition, the operator does not guarantee the constant availability of the portals and their contents and assumes no liability for server outages or other events that restrict the availability of the portals either wholly or in part, temporarily or completely.
6.4 The portal operator hereby expressly distances themselves from the contents of all websites linked to from their portals. Responsibility shall lie with the operator of the respective site alone. The operator assumes no responsibility whatsoever for any such contents. This declaration shall apply to both links in the portals and links submitted by users on the forums. Many articles in this forum contain expressions of opinion as well as outbound links. The operator shall not be responsible for the content of individual third-party articles, unless something else is indicated by a special response to the individual article. The operator of the website referred to and/or the user who has published the articles on any of the portals shall be solely liable for illegal, incorrect or incomplete contents as well as for any damage caused by the use or non-use of the respective information.
6.5 The portal operator shall be liable in case of claims for compensation for damages in accordance with the statutory provisions for intent and gross negligence including intent and gross negligence of their representatives and auxiliary agents. Moreover, the portal operator shall also be liable in accordance with the statutory provisions in the case of any intentional or negligent violation of any fundamental contractual obligation, i.e. any obligation that is of special importance for the fulfilment of the purposes of the agreement and on the fulfilment of which you relied on and you were also entitled to rely on.
6.6 Except in the event of any intentional or grossly negligent breach of contract, the liability of the portal operator shall be limited to the typical damage foreseeable at the time when the damage occurs. Claims according to the German Product Liability Act or in the case of fraudulently concealed errors or due to any damage to health, body or life shall remain unaffected by the limitations of liability above. In all other cases, the portal operator shall not be liable.
6.7 The liability for loss of data shall be limited to the typical costs and efforts of recovery that would have been incurred within the framework of the customary production of data backups by the user.
6.8 The user shall be obliged to immediately indicate to the operator in writing or by e-mail any possible damage in the sense of the preceding liability regulations so that the operator is informed at as early a date as possible and may - together with the user, possibly carry out damage limitation and/or reduction. This notwithstanding, the user shall also be obligated to take damage limitation measures.
7. Uploading of Contents and Articles
7.1 Any portal user may place in the portal own contents, texts, images, graphics and the like to be used by third-party users. Upon placement of the aforementioned contents, the user placing such contents shall warrant and guarantee that they are entitled to have such contents be used by third-party users, provided that the placed contents are free of third-party rights. The user placing such contents shall hold the portal operator harmless from any and all claims of third parties to the extent that the rights of the right holders are violated due to the contents being placed on the portal and left for use by third parties.
7.2 Upon any placement of own contents in accordance with Clause 7.1, the user placing such contents shall grant the portal operator and other third-party users an irrevocable and transferable right of use limited in time, space and content for all known types of use to the respective contents placed by them. The user placing such contents shall agree that the contents placed by them may be used by third parties also for their own professional purposes on a commercial basis; in particular for marketing purposes, and that, in particular, they may thus be processed, reproduced and published.
7.3 The property rights and rights of ownership to placed contents shall remain with the user placing such contents. The portal operator shall not assume any warranty and guarantee that the rights of the user placing the contents are complied with by third-party users. The placement of contents shall thus be at their own danger and risk of the user placing such contents. The risk of any prosecution of a claim in case of infringements of industrial property rights shall be borne by the user placing the contents.
7.4 It shall be prohibited to place illegal, racist, pornographic, discriminating, defamatory and other immoral contents, as well as boycott calls, political incitements, and commercial offers subject to a charge. Any non-compliance with this restriction will regularly lead to the deletion of the placed content, to the blocking of the user placing the contents and may also result in prosecution under civil and criminal law in individual cases.
8. Downloading of Contents and Articles
8.1 Any portal user may download contents, texts, images, graphics and the like that have been published or released for free use on the portals by the portal operator or by third-party portal users and use them for private purposes for all known types of use. Upon downloading of contents, the downloading user shall not acquire any property right to the downloaded content; the property right and the right of use shall remain with the right holder. The portal operator shall not assume any warranty for the quality of the placed third-party contents, especially not for ensuring that the downloaded contents are suitable for the intended use. Any use of the contents placed on the portals shall always take place at the own risk of the user downloading such contents for use for private purposes. The downloading user shall be obligated to check the downloaded contents by using the latest virus detection software. Any liability for any damage caused by the download in the IT system of the downloading user shall be excluded by the operator.
8.2 The downloading user shall be obligated to not use the downloaded contents for illegal purposes; in particular, they shall be obliged to comply with any copyright and property right as well as the personal rights of third parties. Any use of brands, logos, trademarks and the like without the prior approval of the respective right holder shall be prohibited. The downloading user may use the contents downloaded from the ALLPLAN CONNECT Portal for their own professional purposes and, in particular, process and reproduce them. Within the framework of such use, the downloading user shall be obliged to designate the source of supply. Copyright notices of third parties must not be removed.
8.3 Contents downloaded from the ALLPLAN CAMPUS Portal must not be used for commercial purposes, especially not by students within the framework of any self-employed or employed activity. The same shall apply, in particular, to the use of the student version of the Allplan student version. If contents, in particular the student version of the Allplan student version, are used for commercial purposes, the operator shall be entitled to revoke the right of use.
8.4 Any illegal use of the contents placed on the portals will lead to the user being blocked by the portal operator and may result in the user being prosecuted under civil and criminal law by the respective right holder. The same shall apply, in particular, to the commercial use of the student version of the Allplan student version.
9. Copyright of the Operator
The layout and design elements of the website, the graphics and images used as well as the text of the portals are protected by copyright law. Any copying of the texts, images and graphics made available on this website as well as texts in other electronic or print publications, regardless of whether the use is for personal or teaching purposes, shall require the explicit written permission of the operator or author. The author’s copyright shall remain unaffected. The right of use shall remain with the issuer and may not be transferred to third parties without written permission.
10. Placement / Alteration of the Services
10.1 The operator shall not be obligated to perform the services free of charge; the operator thus reserves the right to redesign the portal pages at any time or to cease operation of the portal without replacement.
10.2 The services of the operator develop continuously and can therefore change from time to time; so, for example, individual functions or features may be added or removed. The operator can also suspend any portal, individual content elements and/or services either temporarily or permanently, for example for technical or legal reasons. Insofar as possible, in particular in relation to the permanent cessation of the portal or of any individual service for business purposes, the operator will inform the user about the forthcoming cessation within the scope of the respective service and, insofar as it concerns a service that enables management of personal contents, taking the respective interests of the user into account, will grant the user adequate time to safeguard them. Claims for damages or other claims against the operator by the user as a consequence of the temporary or permanent suspension of the operation of the portal or individual services shall be excluded.
11. General Legal Provisions / Severability Clause
11.1 The preceding terms and conditions shall govern the use of the portal conclusively. Ancillary agreements have not been made. Apart from that, any modification and amendment shall require the written form. The same shall also apply to any derogation from the written form requirement.
11.2 The laws of the Federal Republic of Germany shall apply. The place of fulfilment shall be the head office of the operator; the legal court of jurisdiction shall apply.
11.3 Should any provision of the present Terms and Conditions of Use be or become ineffective either in whole or in part, the remaining provisions shall remain unaffected thereby. The ineffective provision shall be considered replaced by an effective provision that comes as closely as possible to fulfilling the business purpose of the ineffective clause. The same shall apply to any possible unintended loophole.
12. Notices to the Portal Operator
Notices to the operator are to be addressed to:
Tel: +49 89 92793-1336
Fax: +49 89 92793-5114
(Status as of June 2016)