Terms of Use "Spelsberg Erwärmungsberechner"
§ 1 Provider, Scope, Definitions
(1) The provider of the web tool "Spelsberg Erwärmungsberechner" (the "Tool") is Günther Spelsberg GmbH + Co. KG, Im Gewerbepark 1, D-58579 Schalksmühle ("Spelsberg").
(2) These Terms of Use apply exclusively to the use of the Tool by entrepreneurs within the meaning of § 14 BGB ("User"). Consumers within the meaning of § 13 BGB are excluded from using the Tool.
(3) By starting to use the Tool, the User warrants that they are an entrepreneur and will use the Tool exclusively for commercial/professional purposes. Spelsberg is entitled to request suitable proof (e.g. company details, VAT ID) and to refuse use if such proof is not provided.
(4) Only these Terms of Use shall apply. Contrary or supplementary conditions of the User shall only apply if Spelsberg has expressly agreed to their validity in text form (§ 126b BGB).
§ 2 Subject matter of the service, Purpose and scope of performance
(1) Spelsberg provides the Tool as a browser-based web application. The Tool serves as a computational aid for a warming/temperature-rise calculation for low-voltage switchgear assemblies based on DIN EN 61439-1, Section 10.10.4 (hereinafter the "Standard").
(2) The Tool is a non-binding calculation aid. In particular, Spelsberg does not provide the following:
a) a verification of data entered by the User for correctness, completeness, plausibility or conformity with the Standard,
b) a certification, "approval", conformity statement or any other binding verification of a switchgear assembly,
c) the consideration of all application- or installation-specific boundary conditions (e.g. actual ambient conditions, installation situation, ageing, manufacturing tolerances, customer-specific deviations)
d) an always up-to-date reflection of future changes to the Standard, regulatory requirements or technical standards.
(3) The Tool's results depend significantly on the inputs, assumptions and parameters of the User. The User remains solely responsible for
a) the selection of applicable standards and verification procedures,
b) the technical design, construction, testing and documentation of the switchgear assembly,
c) checking the Tool's results for plausibility and the decision whether complementary/alternative verifications (e.g. measurements/tests) are necessary.
(4) The Tool's results do not constitute a statement of quality, a guarantee or an assurance.
§ 3 Conclusion of contract, access, optional user account
(1) The Tool can be used without registration. In this case, the user agreement is concluded when the Tool is accessed and actually used. Prerequisite for receiving the Tool's results is active acceptance of these Terms of Use.
(2) There is no entitlement to a certain availability, specific functions, a specific design or further development of the Tool.
§ 4 Rights of use to the Tool (license), prohibition of assignment of rights
(1) For the term of the user agreement, Spelsberg grants the User a simple (non-exclusive), revocable, non-transferable and non-sublicensable right to use the Tool via a browser to the extent provided, and exclusively for the User's internal business purposes within the scope of their projects.
(2) No further rights are granted to the User. In particular, it is prohibited to use the Tool or parts thereof to
a) reproduce, distribute or make publicly available (except within the scope of proper browser use),
b) decompile, reverse engineer, disassemble or otherwise derive the source code/algorithms,
c) modify, edit or create derivative works,
d) make available to third parties as a "service" (e.g. timesharing/service bureau), insofar as this goes beyond internal use.
(3) Automated queries (e.g. bots, scraping, crawling, mass downloads, load testing without consent) are prohibited. Spelsberg may technically prevent such access.
§ 5 Rights to results/reports and permissible disclosure
(1) Insofar as the Tool generates outputs (e.g., calculation results, logs, reports/exports) ("Outputs"), Spelsberg grants the User a simple, worldwide right to use the Outputs for their own business purposes, in particular for
a) project documentation,
b) internal planning/engineering,
c) communication with customers, partners, inspectors or authorities within the scope of the respective project.
(2) A transfer of the Outputs is only permitted in connection with the respective project. In particular, systematic collection/publication of Outputs as a database or use to build/train competing tools is not permitted.
(3) Trademarks, labels, copyright notices and intellectual property notices must not be removed, obscured or altered, unless this is strictly necessary for project-related transfer.
§ 6 User's obligations, cooperation, due diligence
(1) The User is obliged to make only accurate, complete and technically appropriate entries and to review the Tool's results with professional due care.
(2) The User must use the Tool in such a way that the security and integrity of Spelsberg's systems are not impaired. In particular, the User must refrain from attacks, disruptions, overloads, introducing malware and exploiting security vulnerabilities.
§ 7 Availability, maintenance, changes to the Tool
(1) Spelsberg endeavours to keep the Tool available, but does not owe any specific availability (no SLA).
(2) Spelsberg may at any time maintain, update, change, restrict or discontinue the Tool (in whole or in part), in particular for security reasons, to fix errors, due to technical developments or changed legal/technical requirements.
(3) Spelsberg is entitled to take reasonable technical measures to protect against non-contractual use (e.g. rate limiting, CAPTCHA, blocking of IP ranges).
§ 8 Fees
Use of the Tool is free of charge unless expressly stated otherwise.
§ 9 Intellectual property, proprietary rights
(1) The Tool, including the software, data structures, user interfaces, texts, graphics and other content, is protected by copyright and related performance rights. All rights remain with Spelsberg or the respective rights holders.
(2) The User may use content available via the Tool only within the scope of proper use.
§ 10 Data processing, confidentiality, storage
(1) Information on the processing of personal data can be found in Spelsberg's applicable privacy statement.
(2) Spelsberg processes data entered by the User and technical usage data (e.g. logfiles) insofar as necessary to provide, secure and improve the Tool and to detect and prevent misuse.
(3) The User ensures that they are authorized to enter and transmit the data they use and that no third-party rights are infringed thereby.
(4) As the Tool does not offer storage/project functions, the User is responsible for backing up their data/projects (e.g. export/download).
§ 11 Suspension and termination
(1) Spelsberg may suspend use in whole or in part, temporarily or permanently, if
a) the User breaches these Terms of Use,
b) security risks exist,
c) there is suspicion of abusive/automated use, or
d) this is necessary to avert damage or legal violations.
(2) The user agreement may be terminated by either party at any time in text form, provided no term has been agreed. The right to extraordinary termination for good cause remains unaffected. Upon termination of the user agreement, the rights to use the Tool end; project-related rights to already generated Outputs pursuant to Clause 5 remain unaffected.
§ 12 Liability
(1) Spelsberg is liable without limitation for damages caused by intent or gross negligence of Spelsberg, its legal representatives or vicarious agents, as well as for injury to life, body or health.
(2) In the case of a slightly negligent breach of an essential contractual obligation (cardinal obligation), Spelsberg's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on which the User may regularly rely.
(3) Otherwise, Spelsberg's liability for slight negligence is excluded to the extent legally permitted.
(4) Spelsberg is not liable for disadvantages or damages resulting from the User adopting Tool results without verification or making technical/economic decisions based on them, unless mandatory liability arises under Clauses 12.1 or 12.2. In particular, Spelsberg assumes no liability for the accuracy/completeness of the results if these are (also) based on incorrect/incomplete inputs or project-/installation-specific circumstances that the Tool does not represent.
(5) The limitations of liability apply to contractual and non-contractual claims, including pre-contractual claims. Mandatory liability, in particular under the Product Liability Act, remains unaffected.
(6) Strict liability for initial defects pursuant to § 536a para. 1 BGB is excluded insofar as legally permissible.
(7) Insofar as Spelsberg provides services to the User free of charge, liability for simple negligence—beyond Clause 12.2—remains excluded, as far as legally permitted.
§ 13 Indemnification
The User indemnifies Spelsberg from all third-party claims asserted against Spelsberg arising from unlawful or contract-breaching use of the Tool by the User, including reasonable costs of legal defense, insofar as the User is responsible for the claim.
§ 14 Amendments to these Terms of Use
(1) Spelsberg may amend these Terms of Use if there is an objective reason for doing so (e.g. changes in law/case law, security requirements, changes in the Tool's functionality).
(2) Spelsberg will announce changes in an appropriate manner (e.g. in the Tool/on the website).
(3) If the User does not object in text form within four weeks of notification, the changes shall be deemed accepted. Spelsberg will separately inform the User of the deadline and legal consequences when notifying them.
(4) If the User objects in due time, Spelsberg may terminate the user agreement at the time the changes take effect if continuing the contract is unreasonable.
§ 15 Final provisions
(1) Side agreements, amendments and additions require text form (§ 126b BGB), unless a stricter form is mandatorily required.
(2) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory regulation shall replace the invalid provision.
(3) Rights of set-off and retention shall only be available to the User insofar as their counterclaims are undisputed or have been finally determined.
(4) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(5) The place of performance is Schalksmühle. The exclusive place of jurisdiction for all disputes arising from or in connection with this user agreement is—where permissible—Schalksmühle.
