Terms of Use (ToU)

For the use of the online planning tool “GRAF EcoBloc Inspect smart Configurator” (hereinafter “COSMA”), the Otto Graf GmbH, , Carl-Zeiss-Str. 2-6, 79331 Teningen and the customer (hereinafter “User”) hereby conclude the following Terms of Use (hereinafter “ToU”):

1. Use of GRAF EcoBloc Inspect Smart Configurator (COSMA)

Otto Graf GmbH operates theonline planning tool COSMA for the configuration of GRAF infiltration and attenuation systems. Otto Graf GmbH permits User to use COSMA free of charge for the duration of the business relationship. Users can only be entrepreneurs within the meaning of Para. 14 German Civil Code (BGB).

2. Access to COSMA and term

Use is enabled by way of access control (login and password) which is provided to User by Otto Graf GmbH.

3. General duties of care and cooperation of User / Blocking of User

3.1 User shall ensure that the electronic devices used to access COSMA comply with all relevant technical specifications required for its use. User agrees to use COSMA exclusively in accordance with applicable law. User may not use COSMA to support activities that could result in Otto Graf GmbH violating applicable law.

3.2 COSMA may only be used by the customer itself or its employees. The access data (login and password) must not, under any circumstances, be disseminated to third parties. If User wants to grant third parties access to COSMA, this requires contacting Otto Graf GmbH and completing  this ToU. User shal treat his/her access data as confidential. Otto Graf GmbH shall have the right to change access codes at any time.

3.3 User agrees not to use COSMA in any way that (a) searches, retrieves, copies or monitors COSMA and its elements using any program, algorithm or similar data gathering or extraction method (such as automated tools like bots, spiders or scrapers), (b) is intended to modify, reproduce or otherwise make COSMA available to the public, publicly broadcast or create a service similar to COSMA or replicate the COSMA (in whole or in part), (c) interferes with the operation of COSMA or the systems, infrastructure and/or applications used to operate it, used to operate it, including by sending, transmitting or implementing files that contain viruses, worms, Trojan horses or other harmful or destructive code, (d) is intended to probe or test any weaknesses in COSMA, or to circumvent or compromise security and/or authentication measures designed to protect COSMA and/or its elements, or (e) copies, translates, disassembles, decompiles, reverse engineers, otherwise modifies or creates derivative works of COSMA's software, in whole or in part.

3.4 Otto Graf GmbH shall only offer support services for COSMA if these have been expressly agreed in writing. Otherwise, Otto Graf GmbH offers COSMA without support.

3.5 Otto Graf GmbH may block Users' access to COSMA at its sole discretion if Otto Graf GmbH determines or has reason to believe that your use of COSMA: (a) violates these ToU and/or applicable law, (b) violates the rights of third parties, (c) poses a security risk to the functionality of COSMA, (d) could expose Otto Graf GmbH and/or other users to liability, or (e) is potentially fraudulent.

4. Limitation of Liability

4.1 Otto Graf GmbH shall be liable without limitation in the following cases - irrespective of the legal basis: (a) in the event of intent or gross negligence, (b) in the event of intentional or negligent injury to life, limb or health, (c) in the absence of a guaranteed quality or in the event of fraudulently concealed defects, and (d) on the basis of mandatory liability such as under the German Product Liability Act (or other national laws).

4.2 In the case of property damage and financial loss due to slight negligence, the liability of Otto Graf GmbH is limited to cases based on a breach of a material contractual obligation. In this case, the amount of liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability exists on the basis of section 4.1. Material contractual obligations are obligations on which the user can rely at all times, as these are imposed on Otto Graf GmbH in accordance with the content of the contract in order to properly fulfill the purpose of the contract and thus the contract itself.

4.3 In all other cases, liability on the part of Otto Graf GmbH is excluded. The above limitations also apply to the liability of Otto Graf GmbH towards its vicarious agents, employees and representatives. If the user is an employee of Otto Graf GmbH, the principles of internal compensation for damages remain unaffected in all cases.

5. Functionality, modification and warranty of COSMA

5.1 The offers and item overviews created using COSMA are subject to confirmation and are non-binding.

5.2 Otto Graf GmbH reserves the right to amend, supplement or delete COSMA either in full or in part without having to issue prior notice, as well as to suspend the application on either a temporary or a permanent basis. Otto Graf GmbH reserves the right to use all data within COSMA in accordance with the overall statutory framework.

5.3 Otto Graf GmbH is not obligated to provide for the functionality or availability of COSMA.

5.4 The created documents are protected by copyright and may not be edited, altered, or used in part without explicit permission. Any modification or partial deletion of the documents requires written consent. Furthermore, all product images, logos, and similar elements contained in the created documents are the property of Otto Graf GmbH and must not be used in a fraudulent or misleading manner under any circumstances. Any violation of these terms of use may result in legal consequences. By using this online tool, you explicitly agree to these conditions and commit to complying with them.

6. Miscellaneous

The registered office of Otto Graf GmbH is agreed as the place of jurisdiction for all disputes arising from the business relationship. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.