Terms of Use: cockpit.producer

Services and Scope of Use

The Provider grants a SaaS license for the use of the cockpit.producer platform and provides direct and indirect services to the Customer as follows:

1. Product Data Integration into the cockpit.producer Platform

1.1 Upon contract signing, the Provider receives access to a data interface provided by the Customer in the form of a REST API. This REST API is the responsibility of the Customer, addressed via URI, and secured by a token. The content, format, and quality of the product data within the interface are the Customer's responsibility.

1.2 If the Customer cannot provide a REST API, an alternative method for transferring product data will be agreed upon with the Provider. Details of this alternative data transfer, including schedule and costs, will be agreed upon separately.

1.3 The Provider will analyze the data interface and propose to the Customer a plan for data integration, regular updates, and the final form of data provision, including a timeline.

1.4 The Provider will import the product data into the cockpit.producer platform (initial onboarding) and set up the data update process.

1.5 During data integration, product data will be optimized and enriched for use in BIM, CAD, and ESG environments. The Customer acknowledges that the scope of services of the cockpit.producer platform for using product data in modern CAD programs is continuously expanding, changing, and being supplemented. The manner in which product data is processed and provided to end-users is solely at the discretion of the Provider.

2. Provision of Product Data via the cockpit.producer Platform

2.1 After data integration and at the start of data provision (start of use), the Provider will provide the Customer with a dedicated account within the cockpit.producer infrastructure for the entire duration of use. Through this account, the Customer can view and control the integrated product data. The Customer is not obligated to use this account.

2.2 The Provider will update the Customer's product data throughout the usage period according to the agreed and established data update process. The Customer must provide the agreed interface in the agreed form for the entire duration of use.

3. Analyses and Statistics

3.1 The Customer will receive a GDPR-compliant usage statistic from the Provider each quarter regarding the use of the product data offering by end-users in the building planning sector. This statistic will indicate which product data has been imported into CAD programs and how often.

4. Further Development of the cockpit.producer Platform
4.1 The Provider continuously develops the cockpit.producer platform according to its own roadmap. The Provider will inform the Customer annually about the functional developments of the past 12 months and the planned developments for the next 12 months. This information may be provided via email and links to relevant publications at https://diewerkbank.eu.

5. Public Relations and Advertising
5.1 The Provider promotes the cockpit.producer platform through various media and channels to different target groups. The Customer agrees to be mentioned as a customer and have their logo displayed in various forms (e.g., social media posts, blog articles, customer stories, etc.) as part of these promotional activities. The Provider will also include the Customer in its reference lists.

Terms of Use for cockpit.producer SaaS License

The Provider grants a SaaS license for the use of the cockpit.producer platform to the agreed extent and for the agreed remuneration based on these terms of use. Conflicting, deviating, or supplementary terms and conditions of the Customer will only become part of the contract if the Provider has expressly agreed to their validity in writing.

1. Provision for Use by the Customer
1.1 From the agreed start of use, the Provider will make the platform available in its current version on one or more data processing systems within the EU as "Software as a Service" (SaaS) to the Customer within the defined scope of use for the agreed license type.

1.2 The Provider enables the Customer to access the platform via an individual customer account. Through this account, the Customer may use the platform for their own purposes or have it used by employees of Die Werkbank IT GmbH. The Customer is particularly prohibited from allowing third parties to use the platform through their account for their own interests or offering the use as a service to third parties.

1.3 The use also includes providing storage space for the Customer within the defined scope for the license type to use the platform's functions and associated free-text and upload fields as contractually agreed ("Hosting"). The Provider stores multiple redundant copies of the Customer's content on the platform and does not delete any Customer content on the platform, except for content that is in breach of contract or unlawful. The Customer grants the Provider the right to make changes to the data structure or data format at any time.

1.4 This includes, among other things, the right to store, edit, and rearrange Customer content, convert it technically, transform it into another format, use special fonts for mobile devices, or make the Customer content accessible to users.

1.5 The Customer also grants the Provider the right to permanently store submitted content in pseudonymized form to evaluate it for improving or expanding the service offering. The Customer ensures that this granting of rights does not violate any third-party rights and, in particular, that they have obtained the necessary rights from authorized users.

1.6 The delivery of standard services occurs at the router's entry or exit point of the data center used by the Provider. Connecting the Customer to the internet, maintaining the network connection, and procuring and providing the necessary hardware and software on the Customer's side are not part of the contractual service.

1.7 The system requirements necessary for the Customer's use are regulated in Appendix 1.

2. System Availability / Service Level

2.1 The average availability per month is 99%.
Availability is calculated per calendar month as follows:
Availability (%) = (Total Time – Unplanned Downtime) x 100 / Total Time

Definitions:

• "Total Time" encompasses the entire time of the relevant calendar month (in minutes) minus planned downtime and downtime due to circumstances beyond the Provider's control.
  
• "Planned Downtime" is the total time (in minutes) in a calendar month during which the platform is unavailable due to scheduled system maintenance or other planned downtimes. The Provider will make reasonable efforts to perform scheduled system maintenance between 22:00 and 6:00 GMT and announce this maintenance with appropriate notice.

2.2 The Provider ensures continuous monitoring of service levels. All measurements of service levels are conducted monthly for each calendar month during the term of the standard services. The measurement point is the service delivery point for the platform. The measurement period is the month during the term of the standard services.

2.3 Upon the Customer's request, the Provider will provide a report for the requested calendar months on the measurements of unplanned downtimes and the calculation of system availability.

2.4 If the promised availability is not achieved in a calendar month, the Customer will receive credits as follows: