By registering as a user of RPLAN, you accept the following Terms and Conditions for use of the web application “RPLAN.” Offers and services from ACTANO GmbH, Paul-Heyse-Str. 26-28, 80336 Munich, Germany (hereinafter referred to as ACTANO) shall be based solely on these Terms and Conditions. Please read them carefully.
ACTANO operates the services of the web application “RPLAN” under various top-level domains (rplan.com, rplan.net, etc.) and under various subdomains and alias-es of these domains. All websites on which ACTANO provides the services of the web application “RPLAN” are jointly referred to in the following as the “RPLAN websites.”
These Terms and Conditions govern the contractual relationship between you as the user and ACTANO, regardless of the RPLAN websites you register on or log on to.
You conclude the contract on use of the services of the web application “RPLAN” with ACTANO.
You can open and print out these Terms and Conditions at any time, including after the contract has been concluded, by clicking on the link “Terms and Conditions” that can be accessed on all the RPLAN websites.
This website and all data, products and services are provided without any warranty for defects; ACTANO consequently does not give any warranties, either explicit, implied, statutory or otherwise (including implied warranties of general suitability for use or suitability for a particular purpose), including warranties or representations that materials on this website are complete, reliable or up-to-date or do not infringe the rights of third parties; that access to this website will be uninterrupted or error-free; that this website is secure; any representations or warranties in this regard are hereby expressly disclaimed.
The web application “RPLAN” is a web-based software for planning, controlling and monitoring schedules.
As a registered user, you are offered two ways of using the RPLAN websites: a) With a free version (which however has a restricted functionality; hereinafter re-ferred to as the “free version”) and b) a paid version (with extended functions). Purchases, invoicing and the period of use may be processed through external sales partners, such as cleverbridge AG, Brabanter Str. 2-4, 50674 Cologne, Ger-many (hereinafter referred to as “cleverbridge”). In this respect, their General Terms and Conditions of Business apply.
RPLAN is continuously developed further and ACTANO can update the application at any time. You are invited to give feedback on the application so that it can be en-hanced further.
REGISTRATION, REPRESENTATIONS DURING REGISTRATION
You must register before you can use the services of the RPLAN websites. You warrant that you are of full age at the time of registration.
When you register, you select a password. You are obliged to keep your password secret. ACTANO will not pass your password on to third parties and will never ask you to divulge your password.
By completing the registration process, you submit an offer to conclude the contract on use of the services of the RPLAN websites. ACTANO accepts this offer by re-leasing the services of the web application RPLAN for you. Acceptance of the offer means that the contract between you and ACTANO has been formed.
TERMINATION OF THE CONTRACT
You can terminate your membership for the free version at any time without the need to state the grounds for doing so. To do that, you simply delete your user ac-count.
You terminate the paid version directly with cleverbridge. In this respect, the terms and conditions defined with cleverbridge apply.
ACTANO can terminate use of the free and paid version at any time for an im-portant reason. An important reason for ACTANO is in particular if ACTANO cannot be reasonably expected to continue the contractual relationship up to the end of the statutory period of notice, taking into account all circumstances of the individual case and weighing up your interests and those of ACTANO. Such reasons exist in particular if:
If an important reason exists, ACTANO can also impose the following sanctions on you as the user, regardless of whether it terminates the contract or not:
Requests for support or reports of malfunctions, errors or disruptions in the web ap-plication must be sent by e-mail only to email@example.com
BACKING UP AND DELETING PLANNING DATA
All the data you store in the web application RPLAN is planning data and you as the user are solely responsible for all the planning data you have posted, created and used.
You undertake to back up all the planning data you store using the services provid-ed by ACTANO by making a separate copy of it.
Where the software technically permits, you should back up the data you enter while using the software and create your own backup copies of it.
ACTANO shall be entitled to produce and delete database backups (and so backup copies of your planning data) as it sees fit. You shall have no right to demand that these data backups be handed over or information regarding them be provided.
When you stop using RPLAN for good, ACTANO shall be entitled to delete your planning data permanently. The data will usually be deleted no later than 3 months after you stop using RPLAN. Deleted planning data can usually no longer be recov-ered. If planning data is contained in backups, ACTANO is not obliged to subse-quently delete it from the backups.
ACTANO shall be liable for damage you incur only insofar as ACTANO is guilty of willful intent or gross negligence and for damage that has been caused due to the lack of warranted qualities within the meaning of this contract. The inability to use the application due to necessary maintenance work shall not be regarded as dam-age caused by willful intent or gross negligence within the above meaning. Liability for indirect or consequential damages or deinstallation and installation costs shall be excluded. This shall apply to all claims for damages, regardless of the legal grounds, including the infringement of third-party proprietary rights.
You acknowledge that 100% availability of the web application “RPLAN” is not technically feasible. However, we will endeavor to ensure the application is availa-ble as constantly as possible. In particular matters relating to maintenance, security or capacity and events that are outside the control of ACTANO (such as disruption to public communications networks, power outages, etc.), may result in brief disrup-tions or temporary discontinuation of the services on the RPLAN websites.
ACTANO shall provide the web application “RPLAN” without any warranty for de-fects. ACTANO shall not issue any explicit or implied declarations or warranties with regard to this service, including warranties for merchantability, suitability for a particular purpose or non-infringement of third-party rights. Irrespective of any other statements to the contrary, ACTANO shall not warrant that the service runs without error, fulfills a defined service level or works without interruptions or downtimes.
ACTANO or other third parties involved in developing, creating and delivering the service can never be held liable for any damage (including, but not restricted to, damage from the loss of commercial profits, interruption to work or loss of business information) incurred in connection with the use of, consequences of use of or er-rors in the product, even if the possibility of such damage has been pointed out to ACTANO.
Liability shall otherwise be excluded.
COPYRIGHTS/PROTECTION OF INTELLECTUAL PROPERTY
All services provided by ACTANO, such as programs, documentation and system descriptions provided by it, are subject to copyright and are protected by other property rights and may not be used for purposes beyond the scope of the contract without prior written permission. If you are permitted to use graphics, images, texts, animations and design templates, you shall be given the right to use this content for the duration of the relevant contractual relationship and in conjunction with services provided by ACTANO for an agreed contractual purpose.
Labels identifying the system components, i.e. the hardware and software which make up the system and in particular copyright notices, brand names, serial num-bers or other features which serve to identify the system components must not be removed, modified or made unrecognizable.
ACTANO reserves the right to modify these Terms and Conditions at any time, without stating the reasons for that, unless you cannot be reasonably expected to accept the changes. ACTANO shall notify you in good time of modifications to the Terms and Conditions. If you do not object to application of the new Terms and Conditions within two (2) weeks after being notified of the changes, the modified Terms and Conditions shall be regarded as having been accepted. ACTANO shall point out your right of objection and the importance of the deadline for objection in the notification.
Unless otherwise agreed, you can send all declarations to ACTANO by e-mail to firstname.lastname@example.org. ACTANO can send you declarations by e-mail to the e-mail address you have stated as your current contact data in your user account.
If a provision of these Terms and Conditions is or becomes invalid, this shall not affect the other provisions. The parties undertake to replace an invalid provision by a valid arrangement that corresponds as closely as possible in content to the eco-nomically intended meaning and purpose of the invalid provision. The same shall apply to gaps in the contract.
The law of the Federal Republic of Germany shall apply exclusively – the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any disputes arising directly or indirectly from the contractual relationship shall be settled solely before a competent court of law in Munich, Germany.