General Terms and Conditions of profuturum GmbH
This is a translation. In case of discrepancies, the German version shall prevail.
regarding the granting of rights of use to software for cost control in investment projects
1. Preamble
1.1. profuturum GmbH, with its registered office in the municipality of St. Pölten, business address Linzer Straße 20, A-3100 St. Pölten, registered in the commercial register of the Regional Court of St. Pölten under FN 538682f (“profuturum”), distributes self-developed software or a model (“Software”) for cost control in investment projects.
1.2. The use of the Software is intended to make project cost control easier, and to enable uniform and transparent reporting for an individual investment project (“Project”), for the property developer, building owner, real estate developer and/or other project developer on the one hand, and for the project financier or credit institution in investment projects as well as the contractual partners of these persons (such as tax advisers or architects) on the other.
1.3. profuturum offers its services predominantly to businesses within the meaning of § 1 (2) KSchG (Austrian Consumer Protection Act).
2. Scope of application
2.1. These General Terms and Conditions (“Terms”) govern the contractual relationship between profuturum and the customer of profuturum (“Customer”) with regard to the use of the Software via the website www.profuturum.net.
2.2. The rights of use and related services are provided by profuturum exclusively on the basis of these Terms. The Terms are separately accessible to the Customer on the website.
2.3. General terms and conditions of Customers do not apply.
2.4. Collateral agreements, amendments and supplements to these Terms are only valid if agreed in writing.
3. Registration and use of demo software
3.1. The Customer must register on the profuturum website and create a user account, providing the requested data completely and correctly.
3.2. Registration and creation of a user account require agreement to these Terms and acknowledgement of the Privacy Policy. If this agreement and acknowledgement have been confirmed by clicking, a usage agreement based on these Terms is concluded by pressing the “Complete” button.
3.3. Conclusion of the usage agreement entitles the Customer to free, time-limited use of the Software with a limited scope of functions (the “Demo Software”).
3.4. The right to use the Demo Software is limited to a period determined by profuturum. After this period expires, the entitlement to use the Software ends. profuturum is entitled at any time to terminate the demo licence unilaterally with immediate effect and to withdraw or block the Customer’s ability to use it.
3.5. The determination of the scope of services and functionalities of the Software under the demo licence is expressly at the discretion of profuturum.
3.6. Any warranty for defects of the demo version (including test and beta versions) is excluded.
4. Project licence
4.1. After registering and creating a user account, the Customer is given the opportunity on the website to purchase, for a fee, a licence to use the Software (the “Project Licence”). The contract for the Project Licence is concluded by pressing the “Buy licence” button.
4.2. Upon conclusion of the Project Licence, profuturum grants the Customer a non-exclusive and non-transferable right to use the Software, limited in time to the duration of the licence agreement concluded by the Customer with profuturum.
4.3. profuturum provides access to the Software in electronic form via a web browser over the internet (software as a service). Installation in a system environment of the Customer or of a third party, inspection of the object code and training are not part of the subject matter of the contract.
4.4. Training of the Customer in the use of the Software is to be agreed separately.
4.5. The Software is made available after conclusion of the contract and complete registration by the Customer.
5. Scope of licence
5.1. A purchased Project Licence is valid for a single Project only. A separate additional Project Licence is required for each further Project.
5.2. Under each Project Licence, the Customer can activate the number of users stated on the website (the “Users”) and grant them the right to use the project software. The authorisation granted by the Customer to the Users applies to a single Project only.
5.3. Before using the Software for the first time, Users must accept these Terms and the Privacy Policy of profuturum.
6. Terms of use
6.1. The Customer and each User must keep all access data provided by profuturum in a place secured against unauthorised access by third parties.
6.2. The Customer alone is responsible for the accuracy and completeness of data entry and for data exchange.
6.3. profuturum is entitled at any time to modify or change the Software or to replace it with an equivalent. In this regard, the Customer undertakes to take any steps required on its side upon request by profuturum.
7. Availability and maintenance
7.1. profuturum endeavours to ensure availability of the Software of 99% on an annual average. Excluded from availability are times of regular maintenance and unforeseeable disruptions for which profuturum is not responsible (e.g. force majeure, technical problems of third parties).
7.2. Maintenance work will, where possible, be carried out outside normal business hours. profuturum will inform the Customer in good time of planned maintenance work that restricts use of the Software and of its expected duration.
7.3. Temporary unavailability of the Software during maintenance work is accepted by the Customer and does not give rise to any liability or warranty obligations on the part of profuturum.
8. Remuneration (licence fee)
8.1. The licence fee for the first month is payable in advance when a Project Licence is concluded. All further monthly payments are due in advance on the same calendar day on which the contract was concluded.
8.2. profuturum is entitled to increase the licence fee for the Software unilaterally and will inform the Customer of this in good time, at least two months in advance.
8.3. In the event of late payment, profuturum is entitled to charge default interest at the statutory rate as well as reminder fees.
8.4. profuturum is entitled to pass on outstanding claims against the Customer to a commissioned debt collection agency for collection. The costs incurred in doing so (including fees and costs of debt collection agencies, lawyers, court costs, notaries, etc.) shall be borne by the Customer in full.
8.5. In the event of late payment by the Customer, profuturum may block use of the Software at any time without setting a grace period until the outstanding amounts have been paid in full. In this case the Customer remains obliged to pay the agreed remuneration.
9. Term, termination and end of the right of use
9.1. The licence agreement is concluded for an indefinite period. Both the Customer and profuturum may terminate the agreement at the end of any month with one month’s notice. The Customer may terminate directly via the website or by email to office@profuturum.at. profuturum may terminate by email to the email address provided by the Customer.
9.2. profuturum may terminate the licence agreement with immediate effect for good cause. Good cause exists in particular if:
(i.) the Customer commits a breach of contract and fails to remedy it despite a warning and the setting of a reasonable deadline,
(ii.) insolvency proceedings (restructuring or bankruptcy proceedings) are opened over the Customer’s assets and termination is indispensable to avert serious personal or economic disadvantages for profuturum (§ 25a (2) no. 1 IO (Austrian Insolvency Code)),
(iii.) the opening of insolvency proceedings is dismissed for lack of assets sufficient to cover the costs,
(iv.) the Customer is in default with payment of the remuneration for 14 days.
9.3. On termination of the agreement, the Customer has no claim to a refund (not even in part) of the remuneration.
9.4. The Customer must back up its Project data on its own responsibility in good time before the agreement ends. After the contract term has ended, the Customer can no longer access its Project data.
10. Warranty and liability
10.1. The Customer’s warranty claims are governed by the statutory provisions. The Customer must notify defects in writing by email to office@profuturum.at without delay after discovering them, describing the defects in as much detail as possible.
10.2. profuturum is liable only for extreme gross negligence (krass grobe Fahrlässigkeit) and intent, except in the case of culpable injury to life, limb and health.
10.3. The liability of profuturum is limited to three times the monthly remuneration (point 9) for the Software, unless mandatory statutory provisions stand in the way.
10.4. Liability is in any case limited to the typically foreseeable damage. Liability for indirect damage, such as lost profit, lost savings or other consequential damage, is excluded.
10.5. The liability of profuturum for data loss is limited to the typical recovery effort that would have been incurred had the Customer made backup copies regularly and in a manner commensurate with the risk.
10.6. profuturum accepts no liability for the functioning of telecommunications links to its own server, for power outages or for failures of servers that are not within the sphere of influence of profuturum.
10.7. profuturum is not liable for damage caused by improper use of the Software or by changes to the Software made by the Customer.
10.8. profuturum is not liable for the accuracy and completeness of the data and information entered into and disclosed in the Software by the Customer.
10.9. The Customer shall indemnify and hold profuturum harmless against all claims arising from inaccurate or incomplete data and information entered into and disclosed in the Software by the Customer or its vicarious agents.
10.10. profuturum gives no guarantee that the Software is compatible with other programs of the Customer.
11. Ownership
11.1. profuturum retains ownership of and all intellectual property rights in the Software.
11.2. The Customer has only the rights of use in the Software set out in these Terms. All other rights, in particular copyrights and exploitation rights, remain with profuturum.
11.3. The Customer may not copy, modify, adapt, translate or reverse engineer the Software or create derivative works from it. The Customer has no claim to the source code.
11.4. The Customer may not rent, sublicense, publicly reproduce or make the Software available to third parties, whether for payment or free of charge, with the exception of granting rights of use pursuant to point 5 of these Terms.
12. Confidentiality and data protection
12.1. profuturum is entitled to store the data and information provided electronically (including via cloud services) during the term of the agreement and beyond. Personal data is processed in accordance with data protection regulations and the Privacy Policy of profuturum.
12.2. The contracting parties undertake to comply with their respective obligations under the data protection laws in force.
12.3. The Customer notes that the data and information entered or disclosed when using the Software do not constitute secrets within the meaning of § 38 BWG (Austrian Banking Act).
13. Governing law and jurisdiction
13.1. The contractual relationship is governed exclusively by Austrian law, excluding its conflict-of-law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
13.2. The Commercial Court of Vienna (Handelsgericht Wien) has exclusive jurisdiction for all legal disputes arising from or in connection with this agreement.
14. General contractual provisions
14.1. References to statutory provisions refer – unless expressly stated otherwise – to Austrian statutory provisions as amended and in force at the time the legal relationship between profuturum and the Customer arises.
14.2. Should a provision of these Terms be invalid or unenforceable in whole or in part, this does not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision is severed from the remaining provisions, which retain their validity. An invalid or unenforceable provision is replaced by a valid or enforceable provision that comes as close as possible in its economic substance to the invalid or unenforceable provision; the same applies accordingly to any gaps in this agreement.
14.3. For reasons of better readability, these Terms do not use male, female and diverse language forms at the same time. All terms referring to persons apply equally to all genders. This implies no disadvantage or preference and is for editorial reasons only.
Version of July 2025