Terms and conditions

1. (1)These general terms and conditions ("Terms") apply to all contracts for the use of the software-as-a-service application BauKIT (the "Software" or the "Service") between Devion Digitalagentur Wien, Etrichstraße 41/18, 1110 Wien, Austria ("Provider", "we") and the customer.
2. (2)The Service is intended exclusively for businesses within the meaning of § 1 KSchG and § 1 UGB (e.g. architecture and planning firms, master builders, general contractors, quantity surveying and audit firms, property developers). Contracts with consumers are not intended.
3. (3)Deviating or supplementary terms of the customer do not become part of the contract unless we expressly agree to them in writing.
4. (4)The version of these Terms current at the time the contract is concluded applies.

1. (1)BauKIT is AI-assisted software that produces a structured quantity takeoff and a priced bill of quantities from uploaded permit plans (PDF), taking Austrian standards into account (in particular ÖNORM, the OIB guidelines and BauKG).
2. (2)The exact scope of functions follows from the service booked or the plan chosen and the functionality available at the time of use. We develop the Service continuously and may add, change or discontinue functions as long as the core purpose of the contract is preserved.
3. (3)BauKIT results are generated wholly or partly automatically using artificial intelligence. The specific notes in § 6 apply.
4. (4)We owe the provision of the Service, but not a particular economic result (such as exact agreement with a later invoice or tender).

1. (1)Use requires the registration of an account. By registering, the customer makes an offer to conclude a user agreement; the contract is concluded when we activate the account or provide the Service.
2. (2)The customer warrants that the information provided at registration is complete and correct and keeps it up to date.
3. (3)Access credentials must be kept confidential and protected from access by third parties. The customer is responsible for all activities under their account and informs us without delay of any indication of misuse.

1. (1)For the term of the contract we grant the customer a non-exclusive, non-transferable and non-sublicensable right to use the Service for their own business purposes within the scope of these Terms and the plan booked.
2. (2)Any reproduction, modification, reverse engineering or automated extraction (scraping) of the Service beyond contractual use is not permitted, unless mandatorily allowed by law.

1. (1)The customer uses the Service lawfully only and ensures that the content they upload (in particular plans and documents) is free of third-party rights or that they hold the necessary rights of use and exploitation.
2. (2)Personal data in plans: uploaded plans may contain personal data (e.g. name and address of building owners). With regard to this data the customer is the controller under data protection law and ensures that they are entitled to process it and to engage the Provider as processor. The data processing agreement applies to the processing.
3. (3)The customer does not upload content that is unlawful, infringes third-party rights or contains malware.
4. (4)The customer is responsible for regularly backing up the results they generate and the data they export, unless expressly agreed otherwise.

1. (1)BauKIT results (quantity takeoffs, bills of quantities, price and risk information) are generated automatically using AI models. They are a computational aid and do not replace professional, design, structural, legal or commercial review.
2. (2)We give no warranty that the results are complete, correct or suitable for a particular purpose. AI-assisted methods can produce incorrect, incomplete or implausible results.
3. (3)Duty to review: the customer is obliged to review every result professionally and check its plausibility on their own responsibility before using it (in particular before submitting a bid, awarding a contract, invoicing or passing it on to third parties). Responsibility for the use of the results remains with the customer.
4. (4)BauKIT does not replace the engagement of authorised professionals (e.g. chartered engineers, master builders, structural engineers) and does not provide legal or engineering advice.

1. (1)Use is subject to charges according to the plan chosen. The prices stated at the time of booking apply. Unless stated otherwise, prices are exclusive of statutory VAT.
2. (2)Billing and payment processing are handled by the payment service provider Stripe. By booking, the customer authorises us or Stripe to collect the amounts due via the chosen payment method.
3. (3)Where offered, subscriptions renew automatically for the term booked unless cancelled in time. The specific plan, billing and renewal terms are set out in the plan overview in the Service and are managed via the payment service provider Stripe.
4. (4)In the event of late payment we are entitled to block access to the Service after prior notice. Further statutory rights remain unaffected.

1. (1)We strive for high availability of the Service but do not owe uninterrupted availability. Outages due to maintenance, disruptions at sub-processors, force majeure or circumstances beyond our control are possible.
2. (2)Planned maintenance is announced in advance where reasonable and scheduled for low-usage periods where possible.
3. (3)The scope and form of support depend on the plan booked.

1. (1)We provide the Service with the care of a prudent businessperson in line with the state of the art. The statutory warranty applies subject to the limitations in these Terms, in particular taking into account the special nature of AI-assisted results (§ 6).
2. (2)In the case of temporary defects in the Service we will endeavour to remedy them within a reasonable period.

1. (1)We are liable without limitation for damage resulting from injury to life, body or health, for damage caused by us intentionally or through gross negligence, and under mandatory statutory provisions (e.g. product liability).
2. (2)For slight negligence we are liable only in the event of a breach of an essential contractual obligation (cardinal obligation) and limited in amount to the typical, foreseeable damage.
3. (3)Otherwise, liability is excluded to the extent permitted by law, in particular for the correctness and completeness of AI-generated results, for lost profit, consequential damage, wrong estimating decisions and for damage resulting from a failure to review as required by § 6.
4. (4)Any no-fault liability for initial defects is excluded to the extent permitted. For loss of data we are liable only insofar as the damage would have occurred even if the customer had backed up their data properly and regularly.

1. (1)Information on the processing of personal data can be found in our privacy policy.
2. (2)Where we process personal data on behalf of the customer (in particular in uploaded plans and input), the data processing agreement (DPA) under Art. 28 GDPR applies. The customer consents to the use of the sub-processors listed there.
3. (3)To provide the Service, content is transferred to sub-processors, partly in third countries (including the USA). The safeguards (e.g. EU Standard Contractual Clauses) are described in the DPA.

1. (1)All rights to the Software, its content and the underlying technology remain with us or our licensors.
2. (2)We acquire no ownership of the content uploaded by the customer; we process it solely to provide the Service. For the results generated for the customer (quantity takeoff, bill of quantities) we grant the customer the rights needed for contractual business use.

Both parties treat confidential information of the other party obtained in the course of the cooperation as confidential and use it only to perform the contract. This obligation survives the end of the contract where there is a legitimate interest in secrecy.

1. (1)The contract runs according to the plan booked. Depending on the plan, subscriptions can be cancelled at any time via the payment service provider Stripe; cancellation takes effect at the end of the current billing period.
2. (2)The right of either party to terminate for good cause remains unaffected.
3. (3)After the end of the contract we allow the customer to export their data for a period of 30 days. The data is then deleted in accordance with the DPA, unless statutory retention obligations apply.

We may change these Terms with effect for the future where this is necessary for valid reasons (e.g. changes in the law, in the scope of functions or in the sub-processors used) and does not unreasonably disadvantage the customer. We inform the customer of changes in good time in text form. If the customer does not object within six weeks, the changes are deemed accepted; we point this consequence out separately.

1. (1)Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
2. (2)To the extent permitted, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the court with subject-matter jurisdiction in Vienna.
3. (3)Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a provision that comes closest to its economic purpose.
4. (4)Amendments and additions to the contract require text form.