Terms of use for the Calenberg Tools
I. Scope and application
(1) These Terms of Use apply to the use of all web-based tools ("Tools") offered by Calenberg Ingenieure GmbH ("Calenberg"), including but not limited to the Tools "ciDyn", "FreqView" and "CISTA". These Tools as web applications offer the users guidance and support them in the selection of the services and products offered by Calenberg – in particular elastomeric bearings – by providing non-binding recommendations and calculation aids.(2) The Tools are offered exclusively to users that are traders within the meaning of § 14 BGB (German Civil Code). These Terms of Use apply exclusively. General terms and conditions of the user shall only apply if Calenberg has agreed to them in writing.
II. Registration & Use
(1) After completion of the registration process by the user and activation by Calenberg, the user is given the option of accessing the Tools via the visitor login. The prerequisites for registration and login are the user's legal capacity and age of majority. Access to the Tools requires the user's prior consent to these Terms of Use. The user is not entitled to successful registration and thus access to the Tools. The Tools are provided "as is" and there is no entitlement to user-specific customization.(2) The user, upon activation for login to the Tools, agrees that Calenberg may collect, process and use the data provided by the user when registering for the Tools for the purpose of accessing the Tools. Users can find detailed information on the processing of their personal data at https://www.calenberg-ingenieure.com/data-privacy.htm. The user can withdraw this consent at any time with effect for the future. To do so, the user can send an email to datenschutz.calenberg@uimc.de or use any other communication channel specified in the contact information.
(3) Calenberg may, at any time and in its sole discretion, discontinue the operation of one or all Tools in whole or in part and may make changes or innovations to the Tools at any time. Calenberg also does not warrant the availability of the Tools in the sense of a service level. In particular, there is no claim to any specific availability of individual or all functions of the Tools. Calenberg reserves the right to temporarily or permanently block access by already successfully registered users in the event of false information, breaches of law or contract or any misuse of the Tools. If there is reasonable suspicion that the user has violated these Terms of Use, Calenberg may immediately block access to the Tools until the suspicion has been dispelled.
(4) Successfully registered users identify themselves by their e-mail address and password. The password will be issued by Calenberg after successful registration. Access is strictly personal and authorizes only the user named in the registration form to use the Tools. It is not possible to register for individual Tools only. Passing on access data to third parties is prohibited. The registered user must inform Calenberg immediately of any unauthorized use of their access data or if there are indications that a third party has gained knowledge of the access data.
III. Misuse of the Tools
The user is entitled to use the Tools with the functional settings predefined by Calenberg ("default mode") and any change to these preset usage options shall constitute unauthorized misuse of the Tools. In particular, no security precautions may be circumvented or facilities used or applications executed that could lead to damage or functional failure of individual or all Tools. Automated use of the Tools – for example via bots, crawlers or spiders – is not permitted without the consent of Calenberg.IV. Liability & Warranty
(1) The Tools offer by Calenberg is free of charge and non-binding. Calenberg assumes no responsibility or liability for the correctness of the calculations of the Tools, the data contained therein or other information available in the Tools. In particular, Calenberg does not check the configurations made by the user for conclusiveness, plausibility, technical feasibility, conformity with legal requirements, state of the art, DIN standards, industry standards and/or completeness and Calenberg enables in its Tools even calculation models which do not correspond to the state of the art. The Tools are thus a free service and Calenberg offers this service to its registered users expressly excluding any liability and warranty with regard to the calculation results, data and information.(2) Subject to the basic rule under (1), Calenberg shall be liable in all other cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions governing damages and reimbursement of futile expenses.
(3) In other cases, unless otherwise stipulated in paragraph (4) below, Calenberg shall only be liable in the event of a breach of a contractual duty the fulfilment of which is essential and indispensable for the proper performance of the contract and on the compliance with which the user is usually and reasonably allowed to rely (so-called "Kardinalpflicht"); such liability shall be limited to compensation of the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in paragraph (4) below.
(4) Liability for damage resulting from an injury to life, limb or health and under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected by the above limitations and exclusions of liability.
V. Termination
This agreement for the use of the online Tools is concluded for an indefinite period and can be terminated by either party at any time without giving reasons and without notice, i.e. with immediate effect. A message in text form to info@calenberg-ingenieure.de is sufficient for this purpose. Calenberg's discontinuation of the online Tools shall also be deemed to constitute termination. The possibility of using the Tools ends upon termination. The right to extraordinary termination for cause remains unaffected.VI. Copyrights
Calenberg expressly draws attention to its copyrights both in the software of the Tools and in the content that can be accessed via the Tools – such as texts, product descriptions, images, drawings, graphics and illustrations. Any use or exploitation, including but not limited to reproduction, distribution, making available to the public, adaptation or editing, requires consent by Calenberg, subject to the statutory provisions of copyright law. The user may therefore only use the Tools with the functions already provided by Calenberg; no further rights of use are granted.VII. Third-party tools
(1) Calenberg does not warrant that data generated using the Tools are compatible with third-party programmes. If the Tools contain the option of importing data into third-party programmes, this shall be a mere convenience feature and the use of this option presupposes that the user accepts the third-party provider's regulatory regime, including but not limited to its terms of use and data protection regulations. The use of the option of importing data generated by the Calenberg Tools into third-party programmes therefore entails the application of the respective terms and conditions of the third-party provider, compliance with which is the sole responsibility of the user. Calenberg does not grant licences for the use of third-party programmes.(2) Calenberg also assumes no responsibility or liability for the correctness of the calculations of the third-party tools, the data contained therein or other information available in the third-party tools. In particular, Calenberg neither checks the accuracy of the data transfer from the Calenberg Tool to the third-party tool nor the results of third-party tools for conclusiveness, plausibility, technical feasibility, conformity with legal requirements, state of the art, DIN standards, industry standards and/or completeness. Calenberg thus also offers the option of importing data into third-party programmes with the exclusion of any and all liability or warranty.
VIII. Governing law and place of jurisdiction
(1) If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law (öffentlich-rechtliches Sondervermögen) or has no general place of jurisdiction in the Federal Republic of Germany (allgemeiner Gerichtsstand), the place of jurisdiction for any disputes arising from the contractual relationship shall be, in the discretion of Calenberg, Salzhemmendorf or the registered office of the user. However, Salzhemmendorf shall be the exclusive place of jurisdiction for any legal action brought against Calenberg. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.(2) The relationship between Calenberg and the user is governed exclusively by the law of the Federal Republic of Germany.
(3) If and to the extent that these Terms of Use show gaps, those legally valid provisions shall be deemed to have been agreed to fill these gaps which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these Terms of Use if they had been aware of the gap.
As amended in April 2024