Special Terms of Use for DEHNproject Webapplication

version of 19^th August 2026

Applicability
1. These Special Terms of Use (hereinafter “STU”) apply to the use of the Webapplication DEHNproject provided by DEHN SE, Hans-Dehn-Straße 1, 92318 Neumarkt, Germany (hereinafter “DEHN”) under the DEHN-Web-Account as well as to all other Webapplications provided under DEHNproject and for software available for download under DEHNproject, including all functions accessible via DEHNproject as well as the other Webapplications and the downloadable software (hereinafter all of these together referred to as the “Services”).
2. In addition to these STU the “General Terms of Use DEHN-Web-Account and Webapplications” (“GTU”) apply.
3. The respective Special Licence Conditions (hereinafter “SLC”) apply in addition to these STU to the use of other Webapplications provided under DEHNproject and the downloadable software. These SLC must be agreed to separately before using the other Webapplications provided under DEHNproject and for the use of the respective required software to be downloaded.
4. DEHN reserves the right to amend these STU with effect for the future at any time without giving reasons. DEHN will inform its Customers of amendments in a suitable form (e.g. by e-mail sent to the e-mail address provided during registration). Each Customer has the right to terminate the user agreement for DEHNproject within 4 (four) weeks of receipt of the amendment notification from DEHN. If the Customer does not terminate the user agreement within this period, the amended version of the STU will be deemed to have been accepted. DEHN will point out the significance of the 4-week period to the Customer separately in the amendment notification.
Conclusion of agreements and registration of accounts
1. Use of the Services requires a Webapplications-Account for DEHNproject and the Customer’s agreement to this STU and the “Data Processing Agreement pursuant to Art. 28 GDPR” (hereinafter: “Data Processing Agreement”).
2. A Webapplications-Account for DEHNproject is a prerequisite for the use and booking of licence packages for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject. Only after registration of a Webapplications-Account for DEHNproject can the Customer conclude user agreements for other Webapplications provided under DEHNproject and for software available for download under DEHNproject by booking licence packages. Licence packages for other Webapplications provided under DEHNproject and for software available for download under DEHNproject can only be booked by the Webapplications-Administrator of the Webapplication DEHNproject.
3. Webapplications-Accounts for DEHNproject can be registered using the registration form provided by DEHN. Once the Webapplications-Administrator has filled in all of the mandatory fields and has agreed to these STU and the Data Processing Agreement on behalf of the Customer, the Webapplications-Administrator can send the registration request to DEHN. The user agreement for the Webapplication DEHNproject is concluded between the Customer and DEHN on receipt of the registration by DEHN.
4. The successful registration as per clause 2.3 for the Webapplication DEHNproject neither gives rise to a user agreement for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject, nor is there a right to use other Webapplications provided under DEHNproject and software available for download under DEHNproject on the basis of this user agreement. Use of the other Webapplications provided under DEHNproject and the downloadable software requires a separate user agreement to be concluded in each case by booking licence packages and, in addition to these STU, is subject to the respective GTU and SLC which also apply.
5. The Webapplications-Administrator can grant employees of the Customer authorisation for use of DEHNproject under the existing Webapplications-Account for DEHNproject. For this the Webapplications-Administrator can open Webapplications-Useraccounts for Authorised Users. In addition to write and read permissions in DEHNproject the Webapplications-Administrator can also grant Authorised Users the right to grant authorisation to further employees of the Customer for use of DEHNproject.
6. The prerequisite for use of a Webapplications-Useraccount for DEHNproject and for other Webapplications provided under DEHNproject and the downloadable software is that the Authorised User has registered for a DEHN-Web-Account in accordance with clauses 2.3 to 2.6 of the GTU.
7. For the avoidance of doubt, a user agreement is not concluded between DEHN on the one hand and Webapplications-Administrators or Authorised Users on the other.
Use of the Services
1. The Customer is responsible for also storing the data saved in the DEHNproject-Platform on the Customer’s own information systems for security purposes.
Services provided by DEHN
1. The content, scope and quality of the Services is set out exclusively in the Specification of Services available at https://www.dehn-international.com/en/products/services/dehnproject/specification-of-services.
2. The Services are intended solely as a planning tool for the Customer’s business operations and are no substitute for the independent inspection and critical assessment by the Customer and its employees regarding the correct and complete planning of measures. Planning documents prepared with the help of the Services must be adapted to the actual existing conditions, requirements and restrictions before execution. The necessary expert assessment as well as the professional design and dimensioning in the individual case are the sole responsibility of the Customer.
3. In addition to the documents and data that are specifically generated for the Customer in the Services through the use of the Services, DEHN also makes general information available to all Customers for download in common document formats, such as white papers, technical information materials and product data (hereinafter “Document Downloads”). The Document Downloads are only intended to provide general indications and are exclusively intended as assistance or support for the Customer's business operation. They do not replace a professional assessment and advice in the individual case which must be carried out by the Customer itself.
4. DEHN will update the Document Downloads at varying intervals. The Customer must only use the current version of the Document Downloads in each case and check, before using the Document Downloads it has downloaded, whether DEHN has updated them in the meantime.
5. DEHN is not responsible for the Document Downloads being complete and correct.
6. DEHN is not responsible for the content of the Document Downloads complying to the current state of the art of science and technology.
Rights of use
1. The Services are protected by copyright.
2. Once registration is completed in accordance with clause 2.3, DEHN grants the Customer for the term of the user agreement a non-exclusive, non-transferable right, limited in time, which cannot be sublicensed, to use the Webapplication DEHNproject in accordance with these STU and the GTU. Further-reaching rights of use, especially rights to use other Webapplications provided under DEHNproject and software available for download under DEHNproject, are not granted solely by the completed registration in accordance with clause 2.3.
3. The Customer grants DEHN a non-exclusive, unrestricted in terms of territory, right of use in the data and information imported into or saved in the Services under its Webapplications-Accounts and Webapplications-Useraccounts for the purposes set out in these STU. This includes, in particular, data and information that the Customer imports into software downloaded for the use of the Services or saved in the DEHNproject-Platform, such as project data, piece lists, plans, photos, drawings, other illustrations, notes, comments. DEHN is entitled to collect, reproduce, process, use and save this data and information for the purpose of providing the Services as well as to pass it on to service providers.
4. DEHN reserves the right to use, evaluate and save the data and information imported into or saved in the Services during and after the end of the user relationship for the purpose of improving the Services, to develop new functions and/or products or for statistical purposes. Data and information will only be made available or passed on to third parties if these third parties are subcontractors or advisors subject to a duty of confidentiality.
5. DEHN is entitled to use, further develop or pass on data obtained in connection with the provision of the Services for the purpose of improving the Services, to develop new functions and/or products or for statistical purposes. The data obtained will only be published in an aggregated, anonymised and pseudonymised form.
6. The Customer is responsible for ensuring that no rights of third parties are infringed (e.g. copyrights or know-how protection) by the contractually agreed use of the data and information imported into and saved in the Services under its Webapplications-Account and Webapplications-Useraccounts.
7. If third parties (including Webapplications-Administrators and Authorised Users) assert rights in or with regard to the data and information imported into or saved in the Services under the Customer's accounts, the Customer will indemnify DEHN against all claims and costs and expenses resulting from legal defence measures. Further-reaching rights of DEHN, regardless of the legal grounds for these, remain unaffected – including the right to compensation and the right to exclude Webapplications-Administrators and Authorised Users, who assert the aforementioned rights, from the use of the Services.
8. The Document Downloads are protected by copyright. By completing the registration for the Webapplication DEHNproject or by concluding user agreements for other Webapplications provided under DEHNproject, DEHN grants the Customer a non-exclusive, non-transferable right, limited in time (until publication of a more up-to-date version) to use the Document Downloads contained in the Webapplication DEHNproject or the Document Downloads contained in the respective other Webapplication provided under DEHNproject in an unmodified form for internal business purposes. In the framework of a specific planning project the Customer is also permitted to pass on Document Downloads to its customers in an unmodified form; sublicensing in a manner which goes beyond this is not permitted. Trademarks, company logos, other marks or protective marks, copyright marks, serial numbers and other features serving to identify the Document Downloads may neither be removed nor changed.
Confidentiality
1. “Confidential Information” in the sense of the following clauses includes all information, documents, images, drawings, know-how, data, samples and project documents provided to or otherwise disclosed to DEHN by the Customer in the respective Services from the beginning of the user agreement for the respective Services. This especially includes information for the planning of (lightening protection) measures in specific projects which the Customer uploads in electronic form to the DEHNproject-Platform provided by DEHN or imports into software required and downloaded for the use of Services. Confidential Information expressly does not include data (which is not personal data) and know-how generated, compiled or otherwise obtained by DEHN in the framework of providing the Services.
2. Confidential Information under clause 6.1
  1. may only be collected, reproduced, processed, used, saved and passed on to service providers by DEHN for the purpose of fulfilling the contractual purpose,
  2. may not be published or otherwise passed on by DEHN; deviating from this, DEHN is entitled to pass on information which it is required to pass on on the basis of statutory obligations.
3. Excluded from the confidentiality obligation under clause 6.1 is information which
  1. was already in the public domain at the time of publication or which enters the public domain without this being the result of a breach of these STU, or
  2. DEHN can prove was already known to it at the time of conclusion of the user agreement or was later made known to it by a third party in a legitimate manner, or
  3. was already in DEHN's possession before it was provided by the Customer, or
  4. was developed independently by DEHN separately from the information provided by the Customer.
4. On written request by the Customer DEHN will without undue delay return (i) all Confidential Information including all copies of this to the Customer or, at the request of the Customer (ii) destroy the Confidential Information, including all copies, and provide the Customer with written confirmation that it has been deleted. This duty to return or destroy Confidential Information does not apply (i) to the planning results created for the Customer exclusively for the purpose of satisfying the contractual obligations under the agreement, (ii) to Confidential Information saved in the framework of routine back-ups in the framework of the ordinary archiving process on back-up servers or on analogous security systems on the basis of the generation principle; or (iii) where statutory obligations of DEHN oppose this.
5. The aforementioned confidentiality obligations exist from the beginning of the user agreement for the respective Services and continue to apply for a term of five years after the end of the respective agreement for the Confidential Information provided to DEHN or otherwise disclosed in relation to the respective Services.
Fees
1. DEHN will provide the Customer with use of the Webapplications-Account for DEHNproject free of charge in accordance with the provisions of this STU.
2. Deviating fee provisions can apply for the use of other Webapplications provided under DEHNproject and for the use of software available for download under DEHNproject.
Liability
1. DEHN will be liable without limitation in cases of injury to persons, for fraudulent intent and for all damages caused with intent or gross negligence by DEHN's statutory representatives or vicarious agents.
2. In all other respects DEHN is only liable in principle for breaches of material contractual obligations if DEHN is responsible for the breach. Material contractual obligations are contractual obligations which are essential to proper performance of the agreement and on the fulfilment of which the other party is generally entitled to rely and breach of which puts fulfilment of the purpose of the agreement at risk. Liability for breaches of such material contractual obligations is limited in terms of amount to the typical loss foreseeable at the time the agreement is concluded.
3. The upper limit for foreseeable typical losses for breaches of material contractual obligations of the user agreement for the Webapplication DEHNproject and the other Webapplications provided under DEHNproject is a sum of EUR 50,000.00 per damage event.
4. In all other respects DEHN's liability for damage caused negligently is excluded. This also applies for the benefit of DEHN's statutory representatives and vicarious agents.
5. The aforementioned limitations of liability do not apply to cases where DEHN expressly assumes an express guarantee or to cases of liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).
6. Strict liability for compensation for defects which existed at the time when the agreement was concluded is excluded.
7. Compensation claims against DEHN and its statutory representatives and vicarious agents lapse as a matter of principle one year after they arise. Excluded from this are the cases mentioned in clause 8.1 and liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).
User administration, deactivation of Webapplication-Useraccounts and transfer of the administrator role
1. The assignment of roles and rights for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject is controlled by the user administration integrated in the Webapplication DEHNproject.
2. The Customer can deactivate its Webapplications-Useraccount set up under its Webapplications-Account at any time without notice.
The Customer is entitled to replace the Webapplications-Administrator for DEHNproject and to assign a different Registered Person from its company the role of the respective Webapplications-Administrator. Transfer of the administrator role must be carried out on the basis of the settings provided for this purpose in the Services by the respective current Webapplications-Administrator. The requirement for transfer is that the new Webapplications-Administrator is already registered as an Authorised User under the Webapplications-Account concerned. If the transfer is not possible for technical or other reasons, the Customer must inform DEHN without undue delay.
1. By transferring the administrator role for DEHNproject, the administrator role for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject is transferred at the same time. The Webapplications-Administrator of the Webapplication DEHNproject is also the Webapplications-Administrator for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject.
Term and termination
1. The user agreement for the Webapplications-Account for DEHNproject runs for an unlimited term.
2. The Customer can terminate the user agreement for the Webapplications-Account for DEHNproject at any time without observing a notice period in accordance with the following clauses 10.3 and 10.4.
3. If the Customer has concluded user agreements for other Webapplications provided under DEHNproject and for software available for download under DEHNproject under the Webapplications-Account for DEHNproject by booking licence packages, termination of the user agreement for the Webapplications-Account for DEHNproject automatically leads to simultaneous termination of all user agreements of the Customer for the other Webapplications subscribed for under DEHNproject and for downloaded software under DEHNproject.
If the Customer has concluded user agreements for other Webapplications provided under DEHNproject and for software available for download under DEHNproject with a specific term under the Webapplications-Account for DEHNproject by booking licence packages for a fee, termination of the user agreements of the Customer for these other Webapplications subscribed for under DEHNproject and for downloaded software under DEHNproject will only take effect, deviating from clause 10.3, until expiry of the respective term. Termination of the user agreement for the Webapplications-Account for DEHNproject will simultaneously only take effect when the last fee-based user agreement for the Webapplications subscribed for under DEHNproject and for downloaded software under DEHNproject comes to an end. The Webapplications-Account for DEHNproject will remain active until the last fee-based user agreement of the Webapplications subscribed for under DEHNproject and of downloaded software under DEHNproject comes to an end. The user agreements for the fee-based Webapplications subscribed for under DEHNproject and for fee-based downloaded software under DEHNproject, whose term has not yet expired, will remain in force until expiry of the respective fee-based term. During the period between receipt and when the termination takes effect, the Customer will be unable to conclude any further user agreements for DEHNproject under the affected Webapplications-Account by booking licence packages for the other Webapplications provided under DEHNproject and for software available for download under DEHNproject.
1. On termination of the user agreement for the Webapplication DEHNproject the Customer’s Webapplications-Account for DEHNproject and all Webapplications-Useraccounts opened under it will be deactivated. The data saved in the DEHNproject-Platform will be deleted after expiry of four (4) weeks after the user agreement has come to an end. During these 4 (four) weeks DEHN will make it possible for the Customer to export the content contributed by the Customer in a customary standard format.

Special Terms of Use Webapplication DEHNproject