.png?width=673&height=152&name=image(10).png "image(10)")
Terms Of Use: cockpit.planner
Sterngasse 3/2/6
A-1010 Vienna
Österreich
Services and Scope of Use
The Provider grants a SaaS license for the use of the cockpit.planner platform and provides direct and indirect services to the Customer within the following scope:
1. Provision of Data and Functionality on the cockpit.planner Platform
1.1 As of the start of the contractual term (start of use), the Provider shall make an individual account within the cockpit.planner infrastructure available to the Customer for the entire duration of use. Via this account, the Customer may create their own data (e.g., materials, products, projects) and view, control, and adopt third-party data (products, materials) made available on the platform. The Customer is not obliged to use this account.
1.2 The Provider is not obliged to make third-party data available. No guarantee is given for the accuracy, completeness, or currency of such third-party data. The Customer bears final responsibility for the use of such data.
1.3 As of the start of the contractual term, the Provider shall make specific functionalities available to the Customer, including data editing in the cockpit interface, integrations with the Archicad CAD software by Graphisoft and Revit by Autodesk, as well as data export options to other systems.
2. Further Development of the cockpit.planner Platform
2.1 The Provider reserves the right to change, expand, or remove the range of functionalities at any time in line with the overall purpose of the cockpit.planner product. The current scope of features is documented in the publicly accessible cockpit.planner documentation. Planned changes and enhancements are communicated via the product roadmap available on the website https://diewerkbank.eu and updated accordingly.
3. Public Relations and Marketing
3.1 The Provider promotes the cockpit.planner platform via various media, channels, and to different target audiences. The Customer agrees to be named and represented with their logo in promotional materials (e.g., social media posts, blog articles, customer stories). The Provider may also include the Customer in its list of references.
Terms of Use for the cockpit.planner SaaS License
The Provider grants the Customer a SaaS license to use the cockpit.planner platform within the agreed scope and in exchange for the agreed fee based on these terms of use. Conflicting, differing, or additional terms of the Customer shall only become part of the contract if expressly agreed to in writing by the Provider.
1. Provision of Use by the Customer
1.1 Starting from the agreed usage commencement date, the Provider shall make the platform available in its current version as “Software as a Service” (SaaS) via one or more data processing systems within the EU, within the usage scope defined by the agreed license type.
1.2 The Provider grants the Customer access via an individual customer account. The Customer may use this account for their own purposes or allow employees of Werkbank IT GmbH to use it. The Customer may not allow third parties to use the platform for their own benefit or offer its use as a service to third parties.
1.3 Use includes the provision of storage space in accordance with the license type to enable contractual use of platform functionalities, including free-text and upload fields (“hosting”). The Provider stores multiple redundant copies of the Customer's content and will not delete any content unless it violates contractual or legal provisions. The Customer grants the Provider the right to make changes to the structure or format of the data at any time.
1.4 This includes the right to store, edit, reorder, convert, and technically adapt content for display on mobile devices or to make it accessible to users.
1.5 The Customer also grants the Provider the right to permanently store uploaded content in pseudonymized form for analysis aimed at service improvement or extension. The Customer warrants that this does not violate third-party rights and that they have secured the necessary rights from authorized users.
1.6 The delivery point for standard services is the router input/output of the data center used by the Provider. Connecting to the internet, maintaining network access, and procuring the necessary hardware and software on the Customer's side are not part of the contractual services.
1.7 The system requirements for Customer-side use are detailed in Annex 1.
2. System Availability / Service Levels
2.1 The average monthly availability is 99%.
Availability is calculated per calendar month as follows:
Availability (%) = (Total Time – Unplanned Downtime) x 100 / Total Time
Definitions:
-
Total Time is the total minutes in the calendar month, minus planned downtime and downtime due to events outside the Provider’s control.
-
Planned Downtime is the total time (in minutes) in a month during which the platform is unavailable due to scheduled maintenance or other planned events. The Provider will make reasonable efforts to perform maintenance between 22:00 and 06:00 GMT and will announce this in advance with reasonable notice.
2.2 The Provider continuously monitors service levels. Measurements are taken monthly throughout the term of standard services. The measurement point is the platform’s service handover point. The measurement period is the month of service.
2.3 Upon request, the Provider will deliver reports of unplanned outages and availability calculations for specific calendar months.
2.4 If the agreed availability is not met in a calendar month, the Customer is entitled to the following credits:
|
Availability
|
Credit (% of annual license fee / 12 months)
|
|
<98,0 %
|
5,0 %
|
|
<97,0 %
|
7,5 %
|
|
<96,0 %
|
10 %
|
|
<95,0 %
|
15 %
|
|
<85,0 %
|
20 %
|
3. Support
3.1 Support requests can be submitted to support@diewerkbank.eu.
3.2 The rectification of platform issues (e.g., bug fixing) is included in the license fee (technical support).
3.3 Application support (e.g., usage training) is not included and will be charged at €150/hour. Additional support options can be booked independently through the cockpit.planner platform.
4. Compensation
4.1 All agreed fees are payable within 30 days of invoice issuance, prior to the start of the respective service period, plus statutory VAT.
4.2 Travel expenses agreed upon in advance are reimbursed upon proof: Train – 2nd class; Car – €1.00/km; Air travel within Europe – economy class.
4.3 Invoicing is done electronically.
4.4 In case of late payment, the Provider may block access to the Customer's account until full payment is received.
5. Customer Obligations
5.1 The Customer must notify the Provider immediately of any changes to their name, legal form, address, billing address, or bank details. This must be done in writing or via email.
5.2 The Customer shall protect assigned user and access credentials from unauthorized access and shall not share them with unauthorized parties. The password must be selected securely, stored safely, and changed regularly. The Provider must be informed immediately if unauthorized use is suspected.
5.3 The Customer is responsible for backing up their content to enable restoration in case of loss.
5.4 Any increase in usage beyond the agreed scope must be coordinated with the Provider in advance, and a license upgrade agreed. The Customer consents to monitoring of usage by the Provider.
6. Term of Use and Termination
6.1 The license is granted for a minimum term of one year, starting the month after activation by the Provider. The Customer will be notified of the start via email.
6.2 After the minimum term, the SaaS license automatically renews for 12-month periods. No separate notification from the Provider is required.
6.3 Ordinary termination must be made in writing by the Customer. Email from the Customer’s designated contact person suffices and will be confirmed by the Provider via email.
7. Liability
The Customer's claims for insufficient availability are limited to the credits set out in Section 2. No limitation of liability applies in cases of intentional or grossly negligent misconduct, statutory liability, or bodily harm caused by negligence. For breaches of material contractual duties, liability is limited to typical, foreseeable damages, capped at the license fee for 12 months. Otherwise, liability for simple negligence is excluded.
The Provider accepts no liability for incorrect third-party data or platform malfunctions.
8. Governing Law and Jurisdiction
8.1 This agreement is governed by the laws of the Federal Republic of Germany, excluding conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including tort claims, shall be Stuttgart.
Annex 1: System Requirements on the Customer Side
1.1 Modern browser for viewing and using browser-based applications.
2. System Requirements for Use in CAD Systems
2.1 CAD system Archicad by Graphisoft in versions 28, 27, or 26 or Revit by Autodesk in versions 2025, 2024, or 2023.
Data Processing Agreement
Separate agreements will be made regarding the storage of personal data, as required.