Terms and Conditions (T&C)

Welcome to plancraft!

Please note that only the German version of these Terms and Conditions is legally binding

Please read the following general terms and conditions carefully before using our offered services.

§ 1 Scope and Provider

1. These Terms and Conditions (T&C) govern the contract between Plancraft GmbH, Flora-Neumann-Straße 6, 20357 Hamburg (Provider) and the users (User), in the version valid at the time of the contract.

2. Deviating terms of the User are rejected.

§ 2 Subject of the Contract

1. This contract provides the User with software from the Provider. The User is granted the right to use the software's functionalities as per this contract.

2. The Provider offers the software Plancraft, which includes various apps for project and customer management in digital form. The software is continuously updated and includes additional apps that extend its functionality.

3. The software is hosted on servers managed by the Provider and accessed via the internet (Software-as-a-Service). Users need a current version of Google Chrome, Firefox, Microsoft Edge, or Safari.

§ 3 Conclusion of the Contract

1. Accessing and using Plancraft software and services requires registration. By registering, the User accepts these T&C, forming a contract with the Provider.

2. The User is informed about the paid services and payment terms before confirming the order. The contract is established when the User confirms the order and payment obligation.

3. The User agrees to receive invoices electronically via email or in their account within the software.

4. Service presentations on the website are not legally binding offers. Availability and price changes are subject to the Provider's discretion.

§ 4 Test Phase

1. The test phase begins with the activation of the User account by the Provider after the registration process and the first opening of the plancraft web application.

2. The software provided during the test phase may be limited in functionality compared to the paid full version.

3. The duration of the free test phase is specified on the Provider's website.

4. There is no automatic transition to a paid plan.

§ 5 Prices and Payment Conditions

1. Current prices and the price list are available on the Provider's website. All prices are net plus VAT.

2. The Provider reserves the right to offer different pricing for various booking points, user groups, and usage periods.

3. Additional services like setup, consulting, or development are billed as per the website rates or individual agreements.

4. By registering and providing payment information, the User authorizes the Provider to collect the fees.

5. Paid services renew automatically unless canceled by phone, email, or letter.

6. Subscription fees are due on the 1st day of the booked period.

7. Users cannot pay by sending cash or checks. The Provider may exclude other payment methods.

8. By choosing an online payment method, the User authorizes the Provider to collect due amounts at the time of the order.

9. By choosing to pay by invoice, the amount is due within five calendar days of receiving the invoice.

10. By choosing to pay by credit card, the User authorizes the Provider to collect due amounts.

11. By choosing SEPA direct debit, the User authorizes the Provider to debit the account. If a return debit occurs due to insufficient funds or incorrect data, the User bears the costs and a €7.15 processing fee.

12. If the User defaults on payment, the Provider can charge default interest and claim further damages.

§ 6 Contract Duration and Termination

1. The contract duration depends on the subscription options displayed on the Provider's website. Options for monthly or yearly billing are available, depending on the chosen contract duration.

2. If a User has subscribed, they can terminate the contract at least 1 day before the end of the contract period.

3. If this deadline is not met, the paid service will automatically renew for the chosen subscription period, and termination will only take effect at the end of the subsequent period.

4. Termination can be done via email or letter. To ensure proper assignment, the full name, registered email, and address of the User must be provided. The Provider reserves the right to terminate the contract at any time without prior notice and without providing reasons. The Provider also reserves the right to remove or restrict the User's access to published content on the website or user profiles at its discretion without informing the User of the reasons.

5. The right to extraordinary termination for cause remains unaffected. The User's right to terminate the contract without notice if the contractual use of the software is not provided or is withdrawn is excluded (§ 543 Paragraph 2 Clause 1 BGB).

6. If the User's access is blocked due to a culpable breach of contract or the contract is terminated, the User must pay damages equivalent to the agreed fee for the remaining contract period.

7. Upon termination of the contract, all User data will be deleted by the Provider after a security period of three months, unless the User decides to subscribe to a new service.

8. Cancellations are regulated according to the withdrawal rights in §355 BGB.

§ 7 Obligations of the Provider

1. The Provider ensures that the software is accessible and usable by the User via a specified URL on the Provider's server.

2. The Provider commits to maintaining a minimum of 95% annual uptime. If this is not achieved, both parties can terminate the contract. Downtime due to force majeure (e.g., strikes, riots, natural disasters, epidemics) is excluded from this calculation. Necessary security measures by the Provider are also excluded if they are reasonable.

3. The Provider will continuously monitor the software's functionality and promptly fix any reported errors. The User must inform the Provider immediately upon discovering any issues.

§ 8 User Responsibilities

1. The User must pay the agreed fees on time.

2. The User account is for personal use only. Third parties are not allowed to use the account unless necessary in an employment context. The User must ensure that such third parties comply with these terms and must notify the Provider of any significant changes affecting the User.

3. The User must protect login credentials and prevent unauthorized access.

4. The User must not engage in fraudulent activities or attempt to abuse the software. The Provider reserves the right to terminate the contract immediately if fraudulent behavior is detected.

5. The User must ensure that any data transferred to the Provider’s server does not violate any legal protections, including copyright and privacy laws.

6. The User must obtain consent for any personal data processed through the software as required by law.

7. The User must avoid unauthorized access to any data within the software, whether it belongs to the User or others.

8. The User must ensure the accuracy of any data provided to the Provider and notify the Provider of any errors.

9. The User must regularly and securely back up their data, at least daily, to prevent data loss.

10. The User must use up-to-date antivirus software to protect their data.

11. The User must secure any data before terminating the contract, as access will be restricted after termination.

§ 9 Liability

1. Claims for damages are limited to foreseeable damages typical for the contract unless caused by intentional misconduct or gross negligence. Liability for slight negligence is excluded except for breaches of essential contractual obligations.

2. The Provider is not liable for disruptions beyond their control, such as communication issues or power outages.

3. Claims for damages due to defects are limited to bodily injuries.

§ 10 Contractual Object

1. The Provider has the right to block the User's access to the software in case of significant breaches of contractual obligations by the User. The User is obligated to pay the monthly fees during the blockage period.

§ 11 Data Protection

1. If personal data (e.g., name, address, email) is collected, the Provider will obtain prior consent from the User. The Provider will not pass on this data to third parties without consent.

2. Data transmission over the internet (e.g., email communication) can be subject to security vulnerabilities. Complete protection against third-party access is not possible. The Provider is not liable for damages arising from such security vulnerabilities.

3. Third parties are not allowed to use the User's data for commercial activities without prior written consent from the Provider.

4. Users have the right to request complete information about their stored data at any time.

5. Users also have the right to correct, delete, or block their data.

6. Further information on data protection can be found in the separate Data Protection Declaration.

§ 12 Jurisdiction and Applicable Law

1. In case of disputes, the laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

2. The exclusive place of jurisdiction for all disputes arising from this contract is the location of the Provider's headquarters, Hamburg.

§ 13 Final Provisions

1. The contract language is German.

2. If any provision of these T&C is or becomes invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a legally valid provision that comes closest to the intended economic purpose.

3. The Provider reserves the right to change these T&C at any time. The current version is always available on the Provider's website. Changes will be communicated to the User via email. If the User does not object to the changes within four weeks, the changes are considered accepted.

4. Die Unwirksamkeit einer Bestimmung berührt die Wirksamkeit der anderen Bestimmungen aus dem Vertrag nicht. Sollte dieser Fall eintreten, soll die Bestimmung nach Sinn und Zweck durch eine andere rechtlich zulässige Bestimmung ersetzt werden, die dem Sinn und Zweck der unwirksamen Bestimmung entspricht.

Information on the Current Version

Last updated on: 06.03.2023 (Download T&C in current version)

Previous Versions: