Terms and conditions

1. Our services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, and at businesses based outside Germany acting in the exercise of their commercial or independent professional activity. We do not conclude contracts with consumers. By registering or accepting a quote, you confirm that you are acting for such a business and are authorized to represent it.
2. These terms apply exclusively. Deviating or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them or provide services in the knowledge of such terms.
3. The following take precedence over these terms, in this order: individual agreements, the accepted quote with its service description, the data processing agreement (for data protection), the prices and service details shown when ordering, then these terms.

• Platform: the software as a service under the brand Cable Creations, consisting of the customer portal, the public catalog, the interfaces (API) and the generation services for models, images, videos and documents.
• Organization: a customer's area on the platform with its members, guests, cables and content.
• Users: natural persons whom the customer invites to the organization as members or guests.
• Customer content: everything the customer or its users transfer to or enter on the platform, such as datasheets, logos, texts, images and cable data.
• Work results: what we generate and deliver for the customer, such as images, videos, cross-section drawings, datasheets, 3D and CAD files, and design drafts and files.
• Package: the scope of services the customer has chosen (for example Basis, Business or Enterprise), with its base fee and its features.
• Extras: services beyond the package that are charged individually and whose price is shown before ordering.

1. The presentation of the platform and our prices on the website is not a binding offer.
2. When registering through self-service, the customer makes an offer to conclude a usage contract by submitting the confirmation form. The contract is concluded when we set up the account; this usually happens immediately after submission. It begins with a free trial period.
3. A quote that we send to the customer via a personal link or as a document is binding until the date stated in it. The contract is concluded when the customer accepts it via the link or confirms it in writing or in text form. Whoever accepts a quote warrants that they are authorized to do so for the customer.
4. During the trial period, the customer may use the platform free of charge to the extent stated. The trial period ends automatically on the stated date, without the need for termination and without any payment obligation. A paid contract arises only through the acceptance of a quote. If the trial period ends without one, the portal becomes read-only; the public catalog remains accessible for another 14 days. We then delete data in accordance with the section Term and termination.
5. Individual orders within the platform (extras, design orders, print and sample orders) are concluded when an authorized user places them in the portal at the price shown or accepts a quote for them.

1. We provide the platform over the internet within the scope of the chosen package and the service description. The package includes the modeling of new cable types from the customer's data and, for each cable, the standard set: side view, hero shot, exploded view, datasheet, cross-section drawings and 3D web model. If the cable data changes, we regenerate the standard set at no additional cost.
2. The customer orders further services as extras, such as additional views, videos, CAD formats, large-format prints or design orders.
3. Stated processing and rendering times are target values, not guaranteed deadlines, unless they are expressly agreed as binding in the quote.
4. We continue to develop the platform. We may change, replace or discontinue functions if this does not materially restrict the contractually agreed scope of services and the change is reasonable for the customer. We give timely advance notice of material changes.
5. We may engage subcontractors. For the processing of personal data, the data processing agreement applies to this.

1. We build cables as the customer describes them to us: according to its datasheets, drawings and specifications. The customer is responsible for the accuracy and completeness of this information. What the documents do not provide, we supplement according to the usual constructions and mark as such; we do not replace any material or construction with another without saying so.
2. Images, videos, cross-section drawings and 3D models are depictions for marketing and sales purposes. They are not a technical specification, not a design document and not a warranty of any properties of the cable. Only the customer's own technical documents and standards are authoritative for the properties of the customer's products.
3. We create datasheets from the data the customer maintains on the platform. The customer checks them before publication.

1. When we deliver a new or changed cable model or a stage of a design order, the customer checks the result. Cable orders include two rounds of corrections; design orders include two rounds each for concept and layout and one for the final artwork. We charge for further rounds as agreed.
2. The customer accepts the result in the portal or tells us the deviations it wants corrected. If it does not respond within 7 working days (Monday to Friday) after delivery, the result is deemed accepted. We point out this consequence upon delivery and remind the customer of it again after 5 working days. Acceptance may not be refused because of insignificant deviations.
3. A cable ordered by the customer is published in the public catalog only after the customer has accepted it.
4. Only the customer releases print data, and only by express approval (print approval); there is no tacit print approval. With the print approval, the customer assumes responsibility for the content and accuracy of the approved data. We are not liable for errors the customer could have recognized when approving.

1. Design orders (such as flyers, brochures, datasheet design, roll-ups and trade fair walls) are performed in stages: concept, layout and final artwork. The price is divided among the stages (30%, 40% and 30%, unless the quote states otherwise) and becomes due for each stage upon its acceptance.
2. Printing and shipping of the designed media are not included unless ordered separately.
3. We deliver open design files (such as layout or vector files) only if the order's service description names them.
4. Material provided by the customer (texts, logos, photos) remains its property. The customer ensures that it may use it for the order.

1. Organizations with developer access send cable constructions through the interface and receive files generated from them. Every order is checked automatically before acceptance; an order that the check refuses is not charged.
2. An order is charged upon its delivery according to the price list valid at the time of ordering. The owner of the organization sets a monthly spending limit; orders beyond this limit are not accepted. We invoice the orders delivered in a calendar month with one collective invoice.
3. We delete uploaded source files 30 days after completion of the order and delivered files 12 months after completion. The customer is responsible for saving files it needs for longer in good time.
4. The customer may use the delivered files without restriction in its own products and services. It may not sell them as such, that is, as stand-alone model or image files, to third parties or include them in a collection for resale.
5. API keys must be kept secret. The interface may be used only to the documented extent and within the stated request limits.

1. The customer keeps access credentials secret, invites only persons who work for it, and ensures that its users comply with these terms. It is responsible for all actions taken through its organization's accounts and informs us without undue delay if it suspects misuse.
2. The customer transfers only content to which it holds the necessary rights and which does not violate laws or third-party rights, in particular copyrights, trademark rights and personality rights.
3. The customer is itself responsible for the content of its public catalog, its showcases and its share links. A catalog goes online only once the customer has provided the address of its own legal notice and privacy policy. The customer is the controller within the meaning of the GDPR for the data of visitors and of senders of inquiries; it informs them in its privacy policy.
4. The customer refrains from anything that endangers the operation of the platform: excessive automated requests, circumventing access or usage restrictions, reverse engineering the software, security tests without our prior consent, and introducing harmful content.
5. The customer indemnifies us against third-party claims based on a breach of these obligations or on unlawful customer content, including reasonable costs of legal defense, provided the customer is responsible for the breach. We inform the customer of such claims without undue delay and leave the defense to it as far as possible.

1. The prices of the accepted quote apply; otherwise the prices shown when ordering. All prices are in euros and exclusive of statutory VAT. For customers in other member states of the European Union with a valid VAT identification number and for customers outside the European Union, we invoice according to the applicable VAT rules, in particular under the reverse charge procedure. The customer keeps its billing details and its VAT identification number up to date.
2. We charge the base fee, cable types and users monthly from the first day of the month following the acceptance of the quote or the end of the trial period; the number of cable types and users is recorded daily and charged pro rata to the day. We charge extras upon their delivery on the next monthly invoice; what fails or is canceled before delivery is not charged. With annual payment, the annual amount is due in advance; a prepaid year is not refunded pro rata.
3. The owner of an organization sets a monthly limit for extras. The platform does not accept orders that would exceed it. Design orders and large-format prints whose price the customer expressly accepts do not count against the limit.
4. We issue invoices electronically, including as e-invoices, to the billing address on file. Invoices are payable within 14 days of the invoice date without deduction, unless the quote states different payment terms.
5. If the customer is in default, it owes default interest at the statutory rate (Section 288(2) BGB) and the lump sum under Section 288(5) BGB. If an invoice has not been paid 35 days after it was due, we may, after prior notice, block the ordering of new extras; access to existing content, the catalog and downloads remains unaffected. Further rights are reserved.
6. If we change our prices, this applies to existing contracts at the earliest after the expiry of a price guarantee agreed in the quote and at the earliest from the second calendar month after our notice in text form. If prices increase, the customer may terminate the contract with effect from the date the change takes effect; we point this out in the notice.
7. The customer may set off only undisputed claims or claims established by final judgment, and may assert a right of retention only on the basis of the same contractual relationship.

1. A contract with monthly billing runs for an indefinite period. Either party may terminate it with one month's notice to the end of a calendar month.
2. A contract with annual payment runs for twelve months and is extended by a further twelve months in each case unless either party terminates it with one month's notice to the end of the term.
3. A change of package takes effect on the first day of the next month; with annual payment, a change to a smaller package or to monthly payment is possible only at the end of the contract year. When changing to a smaller package, published content is retained; only new services that the smaller package does not include are then no longer possible.
4. The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular if the customer is in default with an amount of more than two monthly fees or, despite a warning, materially breaches these terms.
5. Terminations must be made in text form; an email to info@cablecreations.de is sufficient.
6. When the contract ends, the customer's portal and public catalog are switched off. Until then, the customer can download its content and work results at any time through the full export. We keep the organization's files for 90 days after the end of the paid period, remind the customer beforehand and delete them afterwards, unless there is a statutory retention obligation. The construction data of the cable models (the specifications from which we generate models) are our working tools and not part of the export.

1. For the duration of the contract, the customer receives the non-exclusive, non-transferable right to use the platform within the scope of its package for its business and to give its users access.
2. Upon full payment, we grant the customer the non-exclusive right, unlimited in time and territory, to use, edit and publish the work results for its own purposes, in particular for advertising, sales, catalogs, datasheets, trade fairs and websites. The customer may pass them on to dealers, agencies and customers so that they can present its products. This right continues beyond the end of the contract. Until payment, delivered results may be used provisionally.
3. We do not use customer-specific work results, logos or customer content for third parties, and we name the customer as a reference only with its prior consent. We remain free to model and depict standard constructions of cable types (for example, according to a standard) independently of the customer, without the customer's brand, printing or logo.
4. Software, generator, templates, scenes and construction data remain our property; the customer acquires no rights to them beyond the use of the platform.
5. The customer grants us the rights to its customer content that we need to perform the contract: to store and process it, to generate work results from it and to publish it where the customer sets this up on the platform (for example, in its public catalog).
6. If the package provides for a note that the content was created with Cable Creations, it appears in the customer's catalog and documents; in higher packages, the customer can hide it.

We operate the platform with the care customary in the industry and remedy disruptions as quickly as possible. We owe a specific availability only if it is expressly agreed in the quote. We carry out maintenance work outside usual business hours in Germany where possible and announce longer interruptions in advance. Disruptions of the internet, of the customer's systems and events of force majeure are outside our sphere of influence.

We provide support by email to info@cablecreations.de, on working days during usual business hours.

1. The customer reports defects without undue delay in text form with a comprehensible description. We remedy defects of the platform within a reasonable period; for this purpose, we may also provide a workaround if it is reasonable.
2. In the case of defects in work results, we first provide supplementary performance by correction or re-creation. If this fails, the customer may reduce the price or withdraw from the order concerned.
3. Strict liability for defects that already existed when the contract was concluded (Section 536a(1), first alternative, BGB) is excluded.
4. Claims for defects become time-barred twelve months after acceptance or delivery. This does not apply to claims under section Liability, paragraph 1, or in cases of fraudulent intent.

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent we have assumed a guarantee.
2. In the case of slight negligence, we are liable only for the breach of a material contractual obligation, that is, an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract, and per calendar year to no more than the fees the customer paid to us in the twelve months before the damaging event.
3. For the loss of data, we are liable only in the amount of the effort that would have been necessary to restore it if regular backups appropriate to the risk had been made. We back up the platform's data daily; the customer keeps its own source documents itself.
4. Otherwise, our liability is excluded. The limitations also apply in favor of our employees, representatives and vicarious agents.

1. Both parties treat confidential information of the other party that becomes known to them in connection with the contract as confidential and use it only for the contract. This does not apply to information that is publicly known, was already lawfully known to the party, or that it must disclose due to a statutory or official obligation. The obligation continues for three years beyond the end of the contract.
2. The customer's unpublished cables, drafts and prices are confidential until the customer publishes them itself.
3. Where we process personal data on behalf of the customer, the data processing agreement applies. It forms part of every contract under these terms.
4. We may evaluate anonymized and aggregated information on the use of the platform in order to improve it; it does not allow any conclusions about the customer or about individuals.

We may amend these terms for the future if there is an objective reason, such as a change in the law, in case law or in the platform, and the customer is not unreasonably disadvantaged as a result. We notify the customer of the changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted; we point out this consequence and the right to object in the notice. If the customer objects, either party may terminate the contract with effect from the date the changes take effect. Changes to the main services and to prices are made only in accordance with section Prices and payment or with the customer's consent.

1. Declarations concerning the contract may be made in text form, including by email. We send notices to the customer to the email address of its organization's owner or to the billing address on file.
2. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. If the customer has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Schüller (Amtsgericht Daun, Landgericht Trier); we are also entitled to sue at the customer's registered office. Otherwise, the statutory places of jurisdiction apply.
4. The customer may transfer rights under the contract to third parties only with our consent. Section 354a of the German Commercial Code (HGB) remains unaffected.
5. Should a provision be invalid, the remaining provisions remain valid. The invalid provision is replaced by the statutory provision.