These Terms of Service ("Terms") govern your use of the OpenConstructionERP website at openconstructionerp.com ("Website"), the OpenConstructionERP open-source software ("Software"), and any related services, including commercial licensing ("Services"), provided by Artem Boiko, operating as OpenConstructionERP ("we," "us," or "our").
By accessing or using our Website, Software, or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website, Software, or Services.
The OpenConstructionERP Software is released under the GNU Affero General Public License v3.0 (AGPL-3.0). The full text of the license is available at https://www.gnu.org/licenses/agpl-3.0.en.html.
Under the AGPL-3.0 license, you are free to:
Subject to the following conditions:
In the event of any conflict between these Terms and the AGPL-3.0 license regarding the use of the Software source code, the AGPL-3.0 license shall prevail.
For organizations and individuals who wish to use OpenConstructionERP without the obligations of the AGPL-3.0 (e.g., without disclosing their own source code modifications), we offer Commercial Licenses.
Commercial Licenses are governed by separate, specific license agreements provided upon purchase. The terms, scope, pricing, and duration of commercial licenses are defined in those agreements. These Terms apply to Commercial Licenses in addition to, and except where superseded by, the specific commercial license agreement.
Commercial License fees are stated at the time of purchase. All prices are listed in EUR unless otherwise specified. Payments are processed through third-party payment providers. All fees are non-refundable unless stated otherwise in the specific license agreement or required by applicable law.
All prices are exclusive of applicable taxes (e.g., VAT, sales tax) unless explicitly stated otherwise. You are responsible for paying any applicable taxes.
We grant you a non-exclusive, non-transferable, revocable right to access and use the Website in accordance with these Terms. We reserve the right to modify, suspend, or discontinue the Website at any time without prior notice.
Some features may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate and complete information when creating an account and keep this information up to date.
When using the Website and Services, you agree not to:
The OpenConstructionERP Software is copyrighted by Artem Boiko and contributors and is licensed under AGPL-3.0. Contributions to the Software are governed by the AGPL-3.0 license and any applicable Contributor License Agreement (CLA).
The Website design, graphics, text, tutorials, documentation (outside of the Software repository), and other non-software content are the intellectual property of OpenConstructionERP and are protected by copyright law. You may not reproduce, distribute, or create derivative works from this content without our written permission, except as permitted by law (e.g., fair use) or as explicitly stated.
"OpenConstructionERP" and any associated logos are trademarks of Artem Boiko. The AGPL-3.0 license does not grant any rights to use our trademarks. Use of our trademarks in a manner that implies endorsement, affiliation, or sponsorship requires our prior written consent.
If you submit content to us (e.g., bug reports, feature requests, forum posts), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute that content in connection with the Software and Services.
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OpenConstructionERP is a tool for managing construction project data. It is not a substitute for professional engineering, architectural, or construction management judgment. You are solely responsible for verifying the accuracy and suitability of any data, calculations, or outputs generated by the Software for your specific use case. We expressly disclaim all liability for decisions made based on the Software's outputs.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENCONSTRUCTIONERP, ITS FOUNDER, CONTRIBUTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, WEBSITE, OR SERVICES.
Our total aggregate liability for all claims arising out of or in connection with these Terms, the Software, Website, or Services shall not exceed the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or EUR 100, whichever is greater.
Nothing in these Terms shall exclude or limit liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited by applicable law.
You agree to indemnify and hold harmless OpenConstructionERP, its founder, and contributors from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Software, Website, or Services in violation of these Terms or applicable law.
The Website may contain links to third-party websites, services, or resources. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is at your own risk.
You may stop using the Website and Services at any time. If you have a user account, you may request account deletion by contacting us at contact@openconstructionerp.com.
We may suspend or terminate your access to the Website and Services at any time, with or without cause, with or without notice. Reasons for termination include, but are not limited to, breach of these Terms, abusive behavior, or legal requirements.
Upon termination, your right to use the Website and Services ceases immediately. Your rights under the AGPL-3.0 license for Software already obtained remain unaffected, as those rights are granted by the license itself, not by these Terms.
Sections 5 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), and 12 (Governing Law) shall survive any termination of these Terms.
We reserve the right to update or modify these Terms at any time. The updated Terms will be posted on this page with a revised "Last updated" date. Your continued use of the Website, Software, or Services after any changes constitutes your acceptance of the revised Terms. If we make material changes, we will provide reasonable notice (e.g., through a prominent notice on the Website).
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
For disputes with merchants (Kaufleute), legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Karlsruhe, Germany. For consumers, the statutory provisions on jurisdiction apply.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic purpose of the invalid provision.
These Terms, together with our Privacy Policy and any applicable Commercial License agreements, constitute the entire agreement between you and OpenConstructionERP regarding the use of the Website, Software, and Services, and supersede all prior agreements and understandings.
For any questions or concerns regarding these Terms, please contact us:
OpenConstructionERP
Artem Boiko
Kraichgaustraße 3
76676 Graben-Neudorf
Germany
Email: contact@openconstructionerp.com
Website: https://openconstructionerp.com