Terms and Conditions for the Tectly UG (haftungsbeschränkt) AI Service
Provider and Contracting Party:
Tectly UG (haftungsbeschränkt)
Torstraße 105-107
10119 Berlin
Email: contact[at]tectly.com
Register: Amtsgericht Charlottenburg, HRB 276390
Representative(s): Prof. Dr.-Ing. David Linner
1. Provider, scope and business users
1.1 These Terms and Conditions (“Terms”) apply to the use of the software-as-a-service offering provided by Tectly UG (haftungsbeschränkt) (“Tectly”) for AI-assisted extraction, structuring, review, display and editing of data from construction plans, building plans, technical drawings and similar documents (the “Service”).
1.2 The Service is offered only to business customers, legal entities under public law and special funds under public law (“Customers”). Tectly does not contract with consumers.
1.3 Customer terms apply only if Tectly has expressly accepted them in text form.
2. Contract documents and order of precedence
2.1 These Terms govern the general SaaS framework, including use, term, renewal, termination, plan changes, payment, availability, rights, fair use, liability and data protection references.
2.2 Plan names, prices, billing periods, included features, quotas, limits, add-ons, trials, overage rules and other plan-specific details are not exhaustively listed in these Terms. They are determined by the checkout summary shown before contract conclusion, a separate offer or order form, and the subsequent confirmation email.
2.3 In case of conflict, the following order of precedence applies:
- individually negotiated agreements,
- the checkout summary / confirmed order form,
- the confirmation email documenting the order,
- the data processing agreement, where personal data is processed on behalf of the Customer,
- these Terms,
- general website, marketing or product descriptions.
2.4 General website or marketing statements are not warranties unless expressly agreed as binding.
3. Contract conclusion and account
3.1 A contract is concluded by acceptance of an offer, signing of an order form, completion of an online order, activation of an account or provision of the Service by Tectly.
3.2 For online orders, the Customer is shown the selected plan, price, billing period, key features and usage limits before placing the order. A confirmation email is sent after completion.
3.3 The Customer must provide complete and accurate registration and order information and keep it up to date.
3.4 The Customer is responsible for all actions performed through its accounts, API keys or credentials, unless the Customer is not responsible for the misuse.
4. Service
4.1 Tectly provides the Service via the internet during the subscription term. The Service may include REST API access, a web viewer/editor, AI-assisted extraction and classification, export and integration features, documentation and support according to the ordered plan.
4.2 The specific scope of service is determined by the confirmed order. Tectly may introduce, modify or discontinue plans for future orders, provided existing rights for the current billing period are respected.
4.3 Tectly does not guarantee that AI-assisted extraction is complete or error-free. Results must be professionally reviewed by the Customer.
4.4 The Service does not replace planning, engineering, legal, safety or regulatory review.
5. Rights of use
5.1 Tectly grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Service for the subscription term and within the agreed scope for the Customer’s internal business purposes.
5.2 All rights in software, models, algorithms, APIs, documentation, designs and related materials remain with Tectly or its licensors.
6. Customer data
6.1 “Customer Data” means all data, files, construction plans, drawings, metadata, comments, corrections, content and information submitted by the Customer or its users.
6.2 The Customer retains all rights in Customer Data. Tectly receives the rights necessary to provide the Service, including storage, processing, analysis, display, transmission, backup and generation of outputs.
6.3 The Customer is responsible for ensuring that it may lawfully submit and process Customer Data and that no third-party rights, confidentiality obligations, export controls or data protection laws are violated.
7. Subscription term, renewal and termination
7.1 The Service is generally provided on a subscription basis. The billing period, such as monthly or yearly, is determined by the order.
7.2 The subscription starts upon contract conclusion or on the start date stated in the order.
7.3 The subscription automatically renews for another billing period of the same length unless terminated before the end of the current billing period.
7.4 The Customer may terminate the subscription at any time with effect at the end of the current billing period. Fees for current billing periods are not refunded pro rata unless expressly agreed or required by law.
8. Plans, upgrades and downgrades
8.1 Tectly may offer several subscription plans that differ by features, tools, API access, seats, quotas, rate limits, storage, support, integrations or add-ons.
8.2 The specific purchased plan characteristics are determined by the checkout summary, confirmed offer/order form and confirmation email.
8.3 The Customer may upgrade to a higher plan during a billing period if offered by Tectly. The upgrade may take effect immediately. Tectly may charge the price difference pro rata or according to the method shown during checkout.
8.4 Downgrades to lower plans take effect only at the end of the current billing period unless expressly offered otherwise.
8.5 Before a downgrade becomes effective, the Customer must adjust its use to the new plan limits. Otherwise Tectly may restrict features or access or charge applicable overage fees.
9. Fees, payment and Stripe
9.1 Fees are determined by the order. Unless stated otherwise, prices are exclusive of applicable VAT or similar taxes.
9.2 Payments may be processed via payment service providers such as Stripe. The Customer must provide accurate and current payment information.
9.3 Recurring fees are due in advance for each billing period unless otherwise agreed.
9.4 Usage-based fees, overages, add-ons or additional services are charged according to the order, checkout display or separate agreement.
9.5 If the Customer is in default, Tectly may suspend access after reasonable notice until outstanding amounts are paid.
10. Price changes
10.1 Tectly may change prices with effect for future renewal periods. Price changes for existing subscriptions will be notified before the affected renewal period.
10.2 If the Customer does not agree, the Customer may terminate the subscription at the end of the current billing period.
11. API Fair Use Policy
11.1 The Customer may use the API, automated access, integrations and batch processing only within the ordered plan, documentation, rate limits and these Terms.
11.2 The following is prohibited: bypassing limits or security mechanisms, excessive or harmful traffic patterns, unauthorized load or penetration tests, scraping, reverse engineering, model extraction, unlawful content, sharing API keys with unauthorized parties, and use to develop competing services unless expressly permitted.
11.3 Tectly may apply protective measures, including throttling, queuing, temporary suspension, rate-limit changes, prioritization, warnings or requiring a suitable plan.
11.4 For material or repeated violations, Tectly may charge additional fees, require an upgrade, restrict access or terminate for cause. Prior notice is not required where immediate action is necessary to prevent damage, security risks or legal violations.
12. Availability, maintenance and support
12.1 Tectly uses reasonable efforts to provide appropriate availability. A specific service level applies only if expressly agreed.
12.2 Tectly may perform maintenance and will announce planned maintenance where reasonably possible.
12.3 Support is provided according to the ordered plan or separate agreement.
13. Customer obligations
13.1 The Customer must ensure the necessary cooperation, internet access, browsers, integrations and professional review processes.
13.2 The Customer must not use the Service unlawfully, abusively or in a way that endangers security.
13.3 The Customer must protect credentials, tokens and API keys against unauthorized access.
14. Data protection, DPA and AI feedback
14.1 Where Tectly processes personal data on behalf of the Customer, the parties enter into a data processing agreement under Art. 28 GDPR.
14.2 The Customer remains responsible for personal data submitted to the Service where Tectly processes such data on behalf of the Customer.
14.3 Use of user feedback, ratings, corrections or annotations for Tectly’s own model improvement or AI training is subject to a separate legal basis, opt-in, anonymization or separate agreement and is distinct from pure processing on behalf of the Customer.
15. Confidentiality
15.1 Each party must keep the other party’s confidential information confidential and use it only for contract performance.
15.2 Confidential information includes non-public technical information, trade secrets, pricing, security information, Customer Data, roadmaps and contract terms.
16. Intellectual property and feedback
16.1 All rights in Tectly’s software, models, algorithms, APIs, documentation, trademarks and other protected materials remain with Tectly or its licensors.
16.2 The Customer may provide feedback. To the extent feedback contains no personal data or confidential Customer Data, Tectly may use it free of charge to improve the Service.
17. Warranty
17.1 Statutory warranty rules apply unless modified by these Terms.
17.2 Tectly does not warrant that AI outputs are complete, error-free or fit for a specific professional purpose.
18. Liability
18.1 Tectly is fully liable for intent, gross negligence, injury to life, body or health, product liability and express guarantees.
18.2 For slight negligence in breach of material contractual obligations, Tectly is liable only for typical foreseeable damage.
18.3 Otherwise liability for slight negligence is excluded.
19. End of contract, export and deletion
19.1 Upon contract end, the Customer’s right to use the Service ends.
19.2 Tectly will provide an export option for Customer Data for a reasonable period, typically 30 calendar days, where technically possible and not otherwise agreed. Thereafter Tectly may delete or anonymize Customer Data unless retention obligations or data protection agreements apply.
19.3 Termination for cause remains unaffected. Cause includes material payment default, serious or repeated Fair Use violations, security risks, legal violations or prohibited use.
20. Changes to these Terms
20.1 Tectly may amend these Terms for future periods where required due to legal changes, technical developments, new features, security requirements or clarification, provided the Customer is not unreasonably disadvantaged.
20.2 Amendments will be announced in text form or in the customer account and apply to future renewal periods unless the Customer terminates at the end of the current billing period.
21. Governing law and venue
21.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
21.2 To the extent legally permissible, exclusive venue is Tectly’s registered office.