Terms of Service

Plansysteme Gesellschaft für Softwareentwicklung mbH

Effective date: 01 September 2024

1. Definitions

Term Meaning
Platform The web-based collaboration service branded planXchange, including any associated mobile or desktop applications and APIs.
Plansysteme / we / us Plansysteme Gesellschaft für Softwareentwicklung mbH, Amsinckstr. 57, 20097 Hamburg, Germany.
Tenant A company or organisation that signs a subscription agreement with Plansysteme and invites Users to its workspace(s).
User Any natural person who accesses the Platform, whether as an employee or representative of a Tenant (Authorised User) or as that Tenant's external customer (End Customer).
Content All files, data, comments, annotations and other information uploaded or transmitted by Users through the Platform.
Notification Emails System-generated e-mails, in-app messages and other electronic notices sent by the Platform in relation to a workspace or project.
Agreement These Terms together with any Order Form, Service Level Agreement ("SLA"), Data Processing Agreement ("DPA") and Policies referenced herein.

2. Scope and Acceptance

By accessing the Platform you accept the Agreement on behalf of yourself and - if you act in the name of a business entity - on behalf of that entity, warranting that you have authority to bind it. The Platform is intended solely for business users aged 18 years or older. Consumers statutory rights remain unaffected where mandatory.

3. Eligibility, Registration and Account Security

  1. Invitation & Registration. Access is possible only via invitation from a Tenant. During registration you must provide a valid business e-mail address and create a strong password or logon using a third-party login service. Optional profile data may be added voluntarily.
  2. Accurate Information. You must keep your account information true, complete and up-to-date.
  3. Credentials. You are responsible for safeguarding your login details and for all activities under your account. Notify us immediately if you suspect unauthorised use.

4. Term, Suspension and Termination

  1. Term. The Agreement remains in force until your account is deleted or the underlying Tenant subscription ends.
  2. Termination by User. You may close your account at any time via the account settings or by written notice to your Tenant administrator.
  3. Suspension / Termination by Plansysteme. We may suspend or terminate accounts or Tenant workspaces (i) immediately for material breach, imminent security risk or unlawful activity, or (ii) after prior notice if a breach remains uncured for 14 days.
  4. Effect of Termination. Upon termination we will make Content available for download for 30 days and then delete or anonymise it within 90 days, unless we are legally required to retain it. Sections relating to intellectual-property rights, confidentiality, disclaimers, limitations of liability and governing law survive termination.

5. Description of Services

The Platform enables Users to upload, view and annotate construction plans and 3D models, exchange comments and approvals, and generate Notification Emails. The Platform does not verify the accuracy of Content and provides no engineering or architectural advice.

6. Acceptable Use Policy (AUP)

You must not:

We reserve the right to investigate and block any activity that, in our reasonable opinion, violates this AUP or the e-mail provider's policies.

7. File Upload, Storage and Retention

  1. Supported Formats & Limits. Supported file types include common CAD, Office, image and PDF formats. File size limits and workspace storage quotas are set out in the SLA and may be adapted for technical reasons.
  2. Retention. Project data remain accessible until the project is marked "Closed" by the Tenant. Thereafter, the data will be archived in a read-only state. Plansysteme may retain archived data for as long as is necessary for contractual performance, compliance with legal obligations, the establishment, exercise or defence of legal claims, or other legitimate business purposes, unless a shorter retention period is mandated by law or the Tenant and Plansysteme have expressly agreed in writing on a different period. Tenants may request earlier deletion of archived data, and Plansysteme will comply insofar as such deletion is technically feasible and permitted under applicable law.
  3. Backups & Disaster Recovery. Routine encrypted backups are maintained for disaster-recovery purposes; however, the Platform is not a primary data-storage service. Users must keep their own copies of important files.
  4. Data Portability. Upon request we will provide the User's personal data and associated annotations in a structured, commonly used, machine-readable format (e.g. JSON or CSV) in accordance with Art 20 GDPR.

8. Intellectual Property Rights

  1. User Content. You retain all ownership rights in your Content. You grant Plansysteme and our sub-processors a world-wide, non-exclusive, royalty-free licence to host, reproduce, process, display and transmit the Content to authorised Users within the relevant workspace, solely to operate, maintain and improve the Platform (including automated back‑ups, format conversions and analytics).
  2. Platform IP. All intellectual-property rights in the Platform and its underlying software remain with Plansysteme or its licensors. No rights are granted except as expressly stated in the Agreement.

9. Messaging & Email Notifications

  1. Legal Basis & Consent. Tenants are data controllers for Notification Emails sent from their workspaces and warrant that they have a valid legal basis (e.g. contract performance or prior consent) to process recipients personal data.
  2. Unsubscribe. Every Notification Email contains an unsubscribe link or instructions to manage e-mail preferences. Disabling notifications may impair usability of the Platform.
  3. Deliverability. Delivery depends on third-party networks. Plansysteme does not guarantee successful delivery or reception of any Notification Email.
  4. Bounce & Complaint Handling. Plansysteme monitors bounce and complaint rates. We may throttle or suspend e-mail sending for any Tenant whose rate exceeds industry-standard thresholds until the issue is resolved.
  5. Security. Outbound e-mail is authenticated using SPF and DKIM and transmitted with TLS where the recipient mail server supports it.
  6. Prohibited Content. Notification Emails may not contain spam, malware, illegal, defamatory, discriminatory, adult or gambling content, or material violating third-party intellectual-property rights.

10. Privacy and Data Protection

  1. Roles. For workspace data Plansysteme acts as processor on behalf of the Tenant (controller). For account-management data (e.g. billing, login) Plansysteme acts as controller.
  2. Data Processing Agreement. The DPA (latest version available at https://plansysteme.com/en/data-protection) forms part of this Agreement and includes the list of sub-processors (currently Microsoft Azure EU) and Standard Contractual Clauses where applicable.
  3. Security Measures. We implement technical and organisational measures in accordance with Art 32 GDPR (encryption at rest and in transit, role-based access, regular penetration testing, logging and monitoring).
  4. Data Subject Rights. Data subjects may exercise their rights of access, rectification, erasure, restriction, objection and portability by contacting us or the relevant Tenant.
  5. Data-Protection Officer. You can reach our DPO at dpo@plansysteme.de.
  6. Privacy Notice. Additional details are provided in our Privacy Policy at https://plansysteme.com/en/data-protection, which is incorporated by reference.

11. Service Levels and Support

  1. Availability Target. Plansysteme will use commercially reasonable efforts to achieve 99.5 % monthly uptime, excluding scheduled maintenance and force-majeure events, as detailed in the SLA.
  2. Support. Standard support hours are Monday-Friday 09:00-17:00 CET (business days in Hamburg). Incident severity levels and response times are set out in the SLA.

12. Fees and Payment (Tenants only)

Fees, invoicing and payment terms are defined in the applicable Order Form. Plansysteme may suspend the Tenant workspace for overdue payments following two reminders.

13. Disclaimers and Limitation of Liability

  1. No Engineering Advice. The Platform is a collaboration tool only. Any decisions regarding construction projects are made solely by the Tenant and/or its End Customers.
  2. Warranty Disclaimer. Except as expressly stated in the SLA, the Platform is provided "as is" and "as available".
  3. Unlimited Liability. Nothing in this Agreement limits liability for (i) intent or gross negligence, (ii) death or personal injury, (iii) guarantees ("Garantie"), or (iv) liability under the German Product Liability Act.
  4. Limited Liability. For slightly negligent breaches of cardinal obligations ("wesentliche Vertragspflichten"), liability is limited to the typical, foreseeable damage at the time of contract conclusion. There is no liability for slight negligence beyond cardinal obligations.
  5. Indirect Damages. To the extent permitted by law, Plansysteme is not liable for indirect or consequential damages such as lost profits, lost business or loss of data.
  6. Cap. For each damaging event the aggregate liability of Plansysteme vis-à-vis all Users of the relevant Tenant shall not exceed the net fees paid by that Tenant to Plansysteme for the 12-month period preceding the event.

14. Modifications to the Agreement

We may modify these Terms, the SLA or the Policies from time to time. Material changes will be announced via the Platform dashboard and/or e-mail at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

15. Governing Law and Jurisdiction

This Agreement is governed by German law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Hamburg, Germany, provided the User is a merchant ("Kaufmann") or does not have a general place of jurisdiction in Germany.

16. Severability

Should any provision be or become invalid or unenforceable, the remaining provisions shall remain in full force. The parties shall replace the invalid provision by a valid one reflecting the economic intent of the original.

17. Contact

Plansysteme Gesellschaft für Softwareentwicklung mbH
Amsinckstr. 57
20097 Hamburg
Germany
E-mail: info@plansysteme.de
Data-Protection Officer: dpo@plansysteme.de