General Terms and Conditions (GTC) for the use of SaaS software to support planning engineering services for the design of hydraulic sewer network models for wastewater
 
1. Scope and subject matter of contracts

1.1   These General Terms and Conditions govern the use of the web-based software provided by the provider (hereinafter referred to as “software”) to support planning engineering services within the framework of a Software-as-a-Service model (SaaS). The software is provided exclusively via the Internet. It is not provided on data carriers.

1.2  The Software was developed for use by specialist users in the field of urban water management, in particular for engineering offices, consulting firms, municipal civil engineering offices, local authorities, or their special-purpose associations.

1.3  Use of the software requires relevant professional qualifications. It is reserved exclusively for engineers or appropriately trained specialists who have relevant knowledge in the planning, dimensioning, and evaluation of sewer networks.

1.4  The customer undertakes to check all results generated with the help of the software for correctness, completeness, and plausibility on their own responsibility before using them for planning, calculations, approvals, or execution. The provider accepts no liability for damage resulting from unchecked or incorrect use of the results.

1.5  The provider’s contractual partner is exclusively the company or self-employed person who purchases the software (hereinafter referred to as the “customer”). The natural person who operates the software (hereinafter referred to as the “user”) acts on behalf of and for the account of the customer. By registering, the user confirms that he or she is authorized to represent the customer in a legally binding manner. The provider is entitled to request proof of the power of representation.

1.6  Self-employed or freelance professionally qualified persons may also use the software as customers. In this case, they themselves are contractual partners of the provider and bear all costs and obligations arising from the contractual relationship on their own responsibility.

 
2. Description of services

2.1  The software provides computer-aided support for technical and engineering planning in the field of urban water management. It provides tools for analysis, modeling, simulation, and dimensioning.

2.2  The software does not replace your own technical engineering planning. The provider is not responsible for the accuracy, completeness, or suitability of the results generated with the help of the software for specific projects, nor for the achievement of certain planning results.

2.3  The customer is obliged to have all data and results generated by the software checked by qualified specialists before they are used in practice. The customer bears sole responsibility for the use of the software.

2.4  The software is used via a web-based user interface. An active and stable internet connection is required for use. The provider recommends a bandwidth of at least 20 Mbit/s and the use of the latest version of the Chrome browser.

 
3. Free trial version 

3.1   Provision and scope of functions

The provider grants new customers a one-time opportunity to use the software as part of a free trial version for a period of seven (7) calendar days. Only the customer’s name and a valid email address are required for activation. The trial version may be limited in scope compared to the full version. There is no entitlement to use all functions of the full version.

3.2   Expiration and termination

The trial version ends automatically upon expiration of the period specified in section 3.1. There is no tacit renewal or conversion to a paid usage relationship. No costs are incurred during the trial period.

3.3   Conversion to a paid license

Continued use of the software beyond the trial period requires the customer to actively convert their trial account to a company account and purchase a paid license in accordance with the current license and pricing model. The currently valid license and pricing model is available at ZIGGURAT Pricing.

4. Conclusion of contract and user account

4.1   Registration and conclusion of contract

Access to the software requires registration. Upon completion of the registration process and activation of the user account, a user agreement is concluded between the provider and the registered company or freelance professional as the customer. Use of the software is permitted exclusively to companies within the meaning of § 14 BGB and self-employed or freelance qualified professionals. Use by consumers within the meaning of § 13 BGB is excluded.

4.2   Trial period

Before purchasing a paid license, the customer may use the software as part of a free trial version in accordance with Section 3 of these Terms and Conditions. The trial version ends automatically after the period specified in Section 3 has expired. Paid use does not occur without express active conversion by the customer.

4.3   Conversion to paid use

Paid use of the software requires the customer to actively convert the trial access to a company account and purchase a license in accordance with the applicable license and pricing model. Upon successful activation of the company account and licensing, a paid usage agreement between the provider and the customer is concluded.

4.4   Scope of license

The provider grants the customer a license to use the software with the range of functions provided for in the license and pricing model. Extended functions, in particular additional models or credits, must be purchased separately. The details can be found in the currently valid license and pricing model, which is available at ZIGGURAT Pricing.

 
5. Right of use

5.1   Simple right of use

For the duration of the contract, the customer receives a simple, non-exclusive, and non-transferable right to use the software to the extent agreed in the contract. The transfer of source code is excluded.

5.2   Restrictions

It is prohibited to reproduce, translate, edit, reverse engineer, decompile, or otherwise use the software or parts thereof beyond its intended use, unless this is permitted by law. Transfer to third parties is not permitted unless expressly agreed in the contract.

5. Single licenses

Unless expressly agreed otherwise, a purchased license entitles one (1) registered user account to use the software. Access is personal and may not be used by third parties without the express consent of the provider.

5. Multiple licenses

Depending on the selected license model, the customer may purchase additional user accounts. The number of permitted users is based on the current license and pricing model, available at ZIGGURAT Pricing. Use by other persons without a corresponding license is not permitted.

5. Technical access control

The provider is entitled to use technical measures to monitor compliance with the permitted number of users and to prevent unauthorized access. The customer may not circumvent such measures.

5.6   Open source components

The software may contain open source components that are subject to the respective license terms. The provider will make the relevant license texts available on request.

5.7   Updates and extensions

The provider is entitled to provide updates, patches, and extensions during the term of the contract. These are subject to the same terms of use as the main software, unless expressly stated otherwise.

 
6. Use and expiration of credits

6.1   Validity of credits

Credits can be purchased by the customer within the scope of the currently valid license and pricing model. They entitle the customer to use certain additional functions of the software exclusively during an active and valid license period. Without a valid license, the use of credits is excluded.

6.2   Binding to the customer

Credits are personal to the respective customer. Transfer to third parties is excluded, unless the provider approves otherwise in writing in individual cases.

6. Expiration at the end of the contract

Upon termination of the user agreement, whether by cancellation, expiration of the term, or otherwise, all credits not used by that time shall automatically and irrevocably expire. There shall be no refund or credit toward future contracts, unless mandatory legal provisions dictate otherwise.

6. No refunde

There is no entitlement to a refund or compensation for unused credits. This also applies if the customer has not used all credits during the term, unless there is a case of mandatory statutory warranty or liability provisions.

 
7. Obligations and duties of cooperation of the customer

7.1   Responsible use 

The customer undertakes to use the software exclusively within the scope of the contractually agreed purpose. The software is a technical support tool and does not replace independent engineering planning.

7.2   Review and results

The customer shall ensure that all data and results generated by the software (e.g., sewer network models) are reviewed by qualified personnel for accuracy, completeness, and plausibility prior to use. The customer shall bear sole responsibility for use in planning, approval procedures, or implementation.

7.3   System requirements

The customer is obliged to provide and maintain the technical requirements for using the software (e.g., current browser version, Internet connection with sufficient bandwidth) at their own expense.

7.4   Access data and security

The customer must treat the access data for user accounts as strictly confidential and protect it from access by unauthorized third parties. The customer is liable for all activities carried out under their access data, insofar as they are responsible for them.

7.5   Lawful use

The customer is obliged not to misuse the software or use it for unlawful purposes. The customer is responsible for ensuring that all applicable legal requirements, in particular technical standards and national legal provisions, are complied with when using the software.

7.6   Fault reporting

The customer must immediately notify the provider of any faults or functional impairments in the software in order to enable rapid troubleshooting.

8. Availability and maintenance

8.1   Availability

The provider provides the software with an average availability of 99% on an annual basis. The decisive factor is the availability at the time of transfer, i.e., at the router output of the data center in which the provider’s servers are operated. Times during which the software is unavailable due to announced maintenance work or force majeure are not taken into account when calculating availability.

8.2   Data center and data security

The software is operated in a data center of a professional hosting provider that complies with industry-standard security standards (e.g., ISO 27001 certification, access and access controls). The provider ensures that appropriate technical and organizational measures are implemented in accordance with Art. 32 GDPR.

8.3   Maintenance work and update

The provider is entitled to carry out regular maintenance work and updates on the software in order to ensure its functionality and security. Where possible, scheduled maintenance work will be announced at least 48 hours in advance. The software may be temporarily unavailable during maintenance work. The provider will schedule maintenance times so that availability is affected as little as possible.

8.4   Service level / Troubleshooting

The provider will fix reported software malfunctions according to their urgency and impact on use. Unless otherwise specified in the respective license and pricing model, the following standards apply to response and repair times:

Response times: within one (1) business day of receiving the malfunction report

Resolution time for significant malfunctions: within three (3) working days of receipt of the fault report

Resolution time for minor malfunctions: within five (5) working days of receipt of the fault report

The report of the malfunction via the support address provided for this purpose is decisive. The provider is entitled, at its own discretion, to provide temporary workarounds if a permanent fix requires a longer period of time.

8.5   Order processing

If personal data is processed on behalf of the customer within the scope of using the software, the provider shall provide the customer with an order processing agreement (AVV) in accordance with Art. 28 GDPR.

 
9. Warranty and liability

9.1   Warranty

The Provider warrants that the software will essentially fulfill the functions specified in these GTC and the service description during the term of the contract. A specific success or concrete suitability for use in the Customer’s projects is not owed. Minor deviations from the agreed quality shall not be considered a defect.

9.2   Liability for defects

The provider will remedy any defects in the software within a reasonable period of time. Claims for damages due to defects are governed by the following liability provisions.

9.3   Scope of liability

The provider shall be liable without limitation in cases of intent or gross negligence, for damages resulting from injury to life, limb, or health, in accordance with the provisions of the Product Liability Act, and in cases where a guarantee or procurement risk has been assumed, where applicable.

9.4  Limitation of liability for simple negligence

In the event of simple negligence, the provider shall only be liable for breaches of essential contractual obligations (cardinal obligations). Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. In such cases, liability shall be limited to the amount of foreseeable damage typical for this type of contract.

9.5   Disclaimers

The models and results generated by the software are based on the information and data available at the time of processing. They are intended solely for informational and planning purposes and may not be used as the sole basis for decisions without additional professional review.

The provider shall not be liable for planning errors, missing designs, or resulting damage if these are due to improper use of the software or a lack of or insufficient review by the customer. This applies in particular to indirect or consequential damage such as financial losses, operational disruptions, or property damage.

9.6   Data loss

Insofar as the provider stores customer data, liability for data loss shall be limited to the typical restoration costs that would have been incurred if the customer had performed regular and appropriate data backups. The customer is obligated to perform appropriate data backups on their own responsibility.

 
10. Data protection and confidentiality

10.1   Data protection

The provider processes the customer’s personal data exclusively within the framework of the applicable data protection laws, in particular the General Data Protection Regulation (GDPR). Data processing is carried out for the purpose of fulfilling the contract in accordance with Art. 6 (1) b) GDPR and, where necessary, on the basis of the provider’s legitimate interests in accordance with Art. 6 (1) f) GDPR. Further details can be found in the provider’s current privacy policy, which is available at XXX.

10.2   Order processing

Insofar as the provider processes personal data on behalf of the customer within the scope of the use of the software, the parties shall provide an agreement on order processing (AVV) in accordance with Art. 28 GDPR before the start of processing. The provider guarantees the implementation of appropriate technical and organizational measures in accordance with Art. 32 GDPR in order to ensure a level of protection appropriate to the risk.

10.3   Confidentiality

The provider undertakes to treat all information and data of the customer that becomes known in connection with the execution of the contract and is not generally accessible as confidential. This obligation shall continue to apply even after the contractual relationship has ended.

10.4   Access data

The customer is obliged to keep all access data to the software secret and to protect it from misuse by third parties. The customer is liable for all activities carried out under their access data, insofar as they are responsible for them.

 
11. Contract term and termination

11.1   Contract term

The contract term depends on the license and pricing model selected by the customer. Unless otherwise specified in the license and pricing model, the minimum term is twelve (12) months from the conclusion of the contract.

11.2   Notice period

The contract may be terminated by either party with thirty (30) days’ notice to the end of the month, unless different notice periods are specified in the license and pricing model. The right to extraordinary termination for good cause remains unaffected.

The applicable license and pricing models, including the contract terms and notice periods specified therein, are available at ZIGGURAT Pricing and form an integral part of the contract.

11.3   No automatic renewal in the event of ordinary termination

Unless the contract is terminated, it shall be automatically renewed for the period specified in the license and pricing model. However, if ordinary termination occurs, the contract shall end at the end of the current contract period without renewal.

11.4   Form of termination

Terminations must be made in writing (e.g., email).

11.5   Consequences of termination of the contract

Upon the termination or other termination of the contract taking effect, the customer’s right to use the software ends. Access will be blocked. Unused credits expire in accordance with Section 6. Upon request, the provider will make data export functions available to the customer before the end of the contract, insofar as this is technically possible and reasonable.

 
12. Final provisions

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2  The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the registered office of the provider.

12.3  Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provisions, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose.

 

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