General Terms and Conditions (GTC)

This English version is provided for convenience. In the event of any discrepancy, the German version shall prevail.

1 General

These General Terms and Conditions apply to the use of the web application Dlubal CALC at calc.dlubal.com, including when it is embedded in pages of Dlubal Software GmbH, together with all related functions, interfaces and companion programs (collectively "CALC"). The provider and contracting party is Dlubal Software GmbH, Am Zellweg 2, 93464 Tiefenbach, Germany ("Dlubal"); full details are given in the imprint.

These terms apply to businesses and consumers. A user is anyone who uses CALC, with or without an account, on the free plan or on a paid plan. Differing terms and conditions of the user do not become part of the contract, even if Dlubal does not expressly object to them.

The acquisition and use of software licenses of Dlubal Software GmbH, such as RFEM or RSTAB, is governed by the General Terms and Conditions of Dlubal Software GmbH.

2 Description of Services

CALC is an AI-powered assistant for structural engineering tasks. It answers questions in natural language, performs calculations, creates documents and can work together with RFEM through a locally installed connection program.

Like all programs and online services of Dlubal, CALC is a tool for structural analysis and does not replace the work of an engineer. Its answers are generated by AI models. They may be incomplete, outdated or technically wrong, even when they are worded convincingly. This expressly includes calculation results, citations of standards, design values and generated verifications.

The user is responsible for the correctness of the results. Every result must be checked by a qualified person before it is used. CALC does not decide on the structural safety, serviceability or durability of a structure, is not a checking authority under building regulations and does not perform tasks reserved for a person who is responsible by name.

3 Conclusion of Contract and Account

The contract of use is concluded on first use of CALC, for registered use on completion of the registration, and for paid services on confirmation of the order.

The information given when registering must be truthful. An account is assigned to one natural person and must not be passed on to third parties. Access data, API keys and pairing tokens must be kept confidential; any suspicion of unauthorized use must be reported to Dlubal without delay. There is no entitlement to registration.

4 Plans, Credits and Prices

CALC is offered in several plans, including a free plan. The scope, allowances and prices of a plan are those shown in the service overview in CALC at the time of the order. The publication of a new price list invalidates earlier prices for future orders.

AI-powered functions are billed in credits. The consumption of a request depends on the AI model used and on the extent of the processing, and is shown in CALC. The monthly credit allowance of a plan applies to the respective billing period; any unused allowance expires at its end. Additionally purchased credit packs do not expire at the end of the billing period.

Prices for businesses are exclusive of statutory VAT, prices for consumers are inclusive of VAT. Payment is processed by a payment service provider; invoices are provided electronically. In the event of late payment, Dlubal may suspend paid functions after prior notice.

5 Right of Use

For the term of the contract, Dlubal grants the user the simple, non-transferable right to use CALC for their own purposes within the scope of their plan. Passing on access to third parties or providing it for a fee is not permitted unless a team or enterprise plan provides for it. All rights in CALC remain with Dlubal.

6 Permitted Use

CALC may only be used in accordance with applicable law and these terms. In particular, the following is prohibited:

• automated retrieval of content or replication of the services outside the interfaces provided for this purpose,
• using the outputs to train competing AI models,
• circumventing security measures, access restrictions, allowances or billing, including by creating multiple accounts for the free plan,
• uploading content that infringes third-party rights, or malware,
• entering personal data of third parties that is not required, or special categories of personal data (Art. 9 GDPR),
• using CALC to circumvent export control or sanctions regulations.

In the event of violations, Dlubal may remove content, restrict functions or suspend the account, limited to what is necessary. In the event of serious or repeated violations, Dlubal may terminate the contract for good cause.

7 User Content

The rights to the data that the user enters into or uploads to CALC (such as prompts, files, models, project data, custom skills and templates) remain with the user. The user warrants that they hold the necessary rights. The user grants Dlubal the right to store and process this content to the extent necessary to provide the service, including transmission to the AI service providers used.

If the user publishes a skill, template or example in the library, Dlubal and other users may use, reproduce and adapt this content in CALC until the user withdraws the publication. If the user shares a chat or document via a share link, anyone with this link can access the shared content.

Dlubal is not obliged to retain content permanently. The user backs up any results they need.

8 AI Outputs

To the extent that rights arise in the outputs generated by CALC, they belong to the user; Dlubal does not claim them. The same or similar inputs may lead to the same or similar outputs for other users. Whether and to what extent intellectual property rights exist in machine-generated content is determined by applicable law.

How Dlubal analyzes chats to improve CALC, which AI service providers are used and how the user can object is described in the privacy policy.

9 Connection to RFEM

At the express request of the user, CALC can create, modify and calculate models in the user's RFEM installation through the locally installed connection program. CALC cannot undo changes to existing models; the user is responsible for backing up their models. RFEM itself is governed by the license conditions and the GTC of Dlubal Software GmbH.

10 Availability and Further Development

Dlubal operates CALC with the care of a prudent businessperson but does not owe any particular availability unless otherwise agreed in writing. Maintenance work as well as disruptions at upstream providers and AI service providers may cause interruptions.

Dlubal continuously develops CALC further. Functions, the AI models used and the user interface may change where this is reasonable for the user. There is no entitlement to a particular AI model.

11 Warranty

CALC is developed to the best of Dlubal's knowledge and checked before each release. Defects in paid services are governed by the statutory provisions. Functions desired by the user but not offered are not defects. The fact that AI outputs may be incorrect in individual cases (Section 2) is a characteristic of the service and does not in itself constitute a defect.

12 Liability

Dlubal is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

In cases of simple negligence, Dlubal is liable only for the breach of an essential 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 user may regularly rely. In this case, liability is limited to the damage that was foreseeable and typical for the contract at the time it was concluded. Otherwise, liability is excluded.

Dlubal is not liable for damage resulting from the user using outputs of CALC without a technical check, contrary to Section 2. Liability under paragraph 1 remains unaffected.

These limitations also apply in favor of Dlubal's employees and vicarious agents.

13 Support

Users receive support for questions concerning the functions of CALC through the contact channels offered in CALC and on dlubal.com. There is no entitlement to assistance with solving structural or dynamic problems. Scope and response times can be agreed separately for enterprise plans.

14 Term, Termination and Data

Free use can be ended by either party at any time. Paid plans run for the period stated in the order and are renewed for the same period unless canceled before it ends. Cancellation is possible at any time using the cancellation function in the account settings. The right to terminate for good cause remains unaffected.

After the end of the contract, the user's data is deleted in accordance with the privacy policy, unless statutory retention obligations apply.

15 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal for paid plans and credit packs. Businesses have no right of withdrawal.

Withdrawal Instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise the right of withdrawal, you must inform us (Dlubal Software GmbH, Am Zellweg 2, 93464 Tiefenbach, Germany, phone +49 9673 9203-0, email [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also withdraw from the contract using the "Withdraw from contract" button in Dlubal CALC; we will then confirm receipt to you by email without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Special note

Your right of withdrawal expires once we have performed the service in full, provided that you expressly agreed before the conclusion of the contract that we begin performance before the withdrawal period expires and acknowledged that you are aware of this expiry.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Dlubal Software GmbH, Am Zellweg 2, 93464 Tiefenbach, Germany, email [email protected]:
• I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service ()
• Ordered on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

16 Changes to These Terms

Dlubal may change these terms with effect for the future if this is necessary due to a change in the legal situation or in the scope of services. For existing paid contracts, changes are announced in text form at least six weeks before they take effect. If the user does not agree to a change, they may terminate the contract as of the date the change takes effect.

17 Data Protection

How Dlubal processes personal data when CALC is used is described in the privacy policy.

18 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction is the registered office of Dlubal Software GmbH in 93464 Tiefenbach, Germany. Dlubal is also entitled to sue the user at their general place of jurisdiction.

Dlubal is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of these terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.