Terms and Conditions of Use “ciDyn Calculator”
I. Scope and area of application(1) These Terms and Conditions of Use apply for the use of the web-based calculation program “ciDyn” (“Portal”) offered under the domain https://www.calenberg-ingenieure.com/support-tools/index.htm by Calenberg Ingenieure GmbH (“Calenberg”). As a web application, this calculation portal offers the user guidance and support in selecting the elastomeric bearings offered by Calenberg with non-binding product recommendations.
(2) The offer of the Portal is exclusively for the user as a contractor within the meaning of § 14 BGB (Civil Code). These Terms and Conditions of Use shall apply exclusively. General terms and conditions of the user shall only apply if Calenberg has consented to them in writing.
II. Registration on the Portal and use(1) After conclusion of the registration process and activation by Calenberg, the user shall have the option to access the ciDyn platform by registering as a visitor. Access to the ciDyn platform requires the prior consent of the user to these Terms and Conditions of Use. The user has no claim to successful registration and therefore to admission to the Portal.
(2) The user who is authorised for registration on the Portal declares its consent to Calenberg processing and using its data submitted for registration on the portal for the purpose of providing access to the portal. The user can find detailed information on processing of its personal data under https://www.calenberg-ingenieure.de/datenschutz.htm.
(3) Calenberg is entitled to cease the operation of the Portal in full or in part at any time and to make changes or improvements to the Portal at any time. Calenberg also does not guarantee availability of the Portal in terms of service level. Calenberg reserves the right to block access to successfully registered users at its own discretion in case of false information, breaches of law or contract or any improper use of the Portal.
(4) The successfully registered user is identified by its email address and password. The password is assigned by Calenberg after successful registration. Access is personalised and entitles only the user named in the registration form to use the Portal; transfer of the access data to third parties is prohibited. The registered user must inform Calenberg immediately if its access data were used without authorisation or if it has evidence that a third party has received knowledge of its access data.
III. Improper use of the PortalAny improper use of the Portal is to be avoided. In particular, no security measures may be circumvented or equipment used or applications performed that may lead to damage or malfunctioning of the Portal. Automated use of the Portal, for example by bots, is not permitted without Calenberg’s consent.
IV. Liability & Warranty(1) Calenberg’s offer of the Portal is free of charge and non-binding. Calenberg assumes no responsibility for the accuracy of the Portal’s calculations. In particular, Calenberg shall not check the configurations made by the user for soundness, plausibility, technical viability and/or completeness. The Portal is thus a free service and Calenberg specifically offers this service to its registered users only under exclusion of any liability and warranty relating to calculation results.
(2) On the basis of general principle (1), Calenberg is liable in all other cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions on compensation for damages or compensation of needless expenses.
(3) Unless otherwise regulated in paragraph 4, Calenberg is liable in other cases only in the event of a breach of contractual duty, the fulfilment of which enables the proper performance of the contract in the first place and on compliance with which the user may generally rely (so-called cardinal duty); this is limited to compensation of typical foreseeable damages. In all other cases, liability is excluded subject to the provision in paragraph 4.
(4) Liability for damages from injury to life, body or health and according to product liability law remains unaffected by the aforementioned liability restrictions and exclusions.
V. CopyrightCalenberg expressly makes reference to its copyrights both to the Portal’s software and to content retrievable through the Portal, such as texts, product descriptions, pictures, drawings, graphics and charts. Any use or exploitation, particularly duplication, distribution, making available to the public or processing, requires
Calenberg’s consent and is subject to the statutory provisions on copyright.
VI. Applicable law and place of jurisdiction(1) If the user is a contractor, a legal entity under public law or a special fund under public law, or if it has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the contractual relationship shall be Salzhemmendorf or the registered office of the user, at Calenberg’s option. For actions against Calenberg, however, Salzhemmendorf shall be the exclusive place of jurisdiction. Mandatory legal provisions on exclusive jurisdiction are not affected by this provision.
(2) The agreements between Calenberg and the user are subject exclusively to the law of the Federal Republic of Germany.
(3) Insofar as these General Terms and Conditions of Use contain omissions, then to fill these, those legally valid provisions are deemed to be agreed which the contracting parties would have agreed according to the commercial objective of the agreement and the purpose of these Terms and Conditions of Use if they had known of the omission.
Version 1 – As of May 2021