Terms of use for the neusta planning board for Constructions, a solution for Microsoft Dynamics 365. The use of the neusta planning board for Constructions (hereinafter “tool”) results in the conclusion of a contract between you and neusta portal services GmbH concerning the use of the tool. The Microsoft Corporation is not a contracting party, nor is any other company affiliated with Microsoft. Microsoft is, however, entitled to exercise its rights over you in accordance with this licensing agreement. 1. USE OF THE TOOL 1.1. You are granted the non-exclusive, non-transferable right to the use of the tool on a device which you either possess or own and on which the tool is capable of running as per the system requirements. 1.2. You are not permitted to copy or distribute the tool or to make it available to third parties in any other way, including rental, leasing, lending, and sub-licensing. You are not entitled to modify, reverse-engineer, decompile, or disassemble the program code of the tool or parts thereof, nor are you entitled to identify the source code in any way or produce derived works based on it. The provisions of Sections 69d and 69e of the German Copyright Act (UrhG) shall, however, retain their validity unaffected. 1.3. The tool must not be misused. In particular, no illegal or immoral content must be communicated and no reference must be made to such information, including such information as serves to incite the people as defined by Sections 130, 130a, and 131 of the German Criminal Code (StGB), encourages criminal acts, glorifies or trivializes violence, is objectionably sexual, is pornographic as defined by Section 184 of the German Criminal Code (StGB), is designed to jeopardize the moral safety of children or young people, or could affect their well-being. National and international copyrights, trademark, patent, name, and labeling rights, as well as other industrial and personal rights of third parties must be observed. 1.4. The terms above apply for all usage possibilities, be they free or subject to charges, as well as for all tool updates/upgrades and expansions. 2. OBLIGATIONS TO COOPERATE 2.1. When using the tool, you have a duty to exercise due care corresponding to the use and to check the results generated with the tool appropriately before they are used. In particular, you are obligated to save your data regularly so as to allow their restoration in the case of data loss. 2.2. You are obligated to store all access data, e.g., your username and password, safely. 2.3. Access to Microsoft Dynamics 365 is a requirement for use of the app. You are responsible for the professional installation and setup of Microsoft Dynamics 365, but we will be happy to offer you support with the installation and/or setup.   3. GUARANTEE AND LIABILITY Liability, on whatever legal basis, only exists pursuant to the following provisions: 3.1. Liability in accordance with the applicable legal provisions exists: 3.1.1. for damages resulting from negligence or gross negligence; 3.1.2. for damages resulting from failure to comply with warranties submitted in writing in the scope covered by the purpose of the warranty; 3.1.3. in the case of loss of life or personal injury; 3.1.4. in product liability cases in accordance with the German Product Liability Act (Produkthaftungsgesetz); and 3.1.5. insofar as the applicability of Section 44a of the German Telecommunications Act (TKG) (Liability of providers of publicly accessible telecommunications services) is established. 3.2. No liability is accepted in cases of slightly negligent infringement of non-essential contractual obligations. In all other cases, the liability for damage resulting from slight negligence is restricted to the types of damages which can typically be expected to be associated with the respective contractual relationship (foreseeable damages typical of the contract). This also apples for negligent breaches of obligations on the part of the legal representatives, executives, and simple vicarious agents. If you are a businessman/-woman as defined by Section 14 of the German Civil Code (BGB), it is agreed that the foreseeable damages typical of the contract resulting from breaches of obligations in this agreement shall be limited to the value of the remuneration paid in the scope of this agreement. The liability limitations above shall also apply for claims for reimbursement of expenses. Insofar as liability is excluded or limited in accordance with these provisions, this also applies for the liability of institutions, vicarious agents, and assistants including their staff. 3.3. The guarantee period for quality defects and defects of title for software that you have purchased as a businessman/-woman is 12 months. This does not apply where the liability is regulated by the legal provisions. 4. SUPPORT 4.1. Support is guaranteed for the respectively up-to-date version of the app. 4.2. Support can be contacted at planningboard@neusta-ps.de 5. PRIVACY 5.1. In the scope of the use of the tool and the auxiliary services (e.g., use of the hotline in support cases), neusta portal services GmbH and other members of the team neusta group of companies as well as service providers commissioned by the aforementioned collect, process, and use personal data. Further information on the collection and use of personal data in the scope of the use can be found in our privacy policy. 5.2. If personal data are processed for purposes other than the performance of the contract and no legal authorization exists, your consent is requested in advance. 5.3. You may withdraw a granted consent with immediate effect for the future at any time. 5.4. As you are responsible for the lawful use of the tool, you are obligated to comply with the legal provisions applicable for you / the intended use.   6. INTRODUCTION OF TERMS OF USE OF THIRD PARTIES In addition, the terms of use of the Microsoft Corporation (One Microsoft Way, Redmond, WA 98052-6399, USA) apply for Microsoft Dynamics 365. 7. BREACHES OF THESE TERMS OF USE 7.1. You undertake only to use the tools for purposes which do not violate these terms of use, applicable German law, or the rights of third parties. 7.2. Access to the tool can be blocked if you breach your obligations from these terms. 8. CHANGES TO THE TERMS OF USE 8.1. These terms of use or individual provisions thereof may be amended or supplemented at any time. 8.2. You have the right to object to such amendments and supplementations. In such a case, the user relationship shall continue to consist with the same scope of services as up until that point and subject to the existing terms of use. Should this not be technically possible, the user relationship with you can be terminated and further use of the app prohibited. Your statutory guarantee rights shall remain unaffected. 9. APPLICABLE LAW, LEGAL VENUE The substantive law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. Insofar as you are not a consumer and do not have an established legal venue in Germany, the legal venue for all disputes arising from or in connection with agreement shall be Bremen, Germany. 10. SEVERABILITY CLAUSE Should individual provisions or parts of this contract be valid, the remainder of the provisions and parts of the contract shall remain unaffected. Last amended: July 2019