These Terms of Use ("Terms") govern use of the OpenConstructionERP software ("the Software") and, where applicable, the hosted instance operated by DataDrivenConstruction ("DDC") at openconstructionerp.com ("the Service"). By downloading, installing, or using the Software or the Service you agree to these Terms.
Self-hosting note. When you self-host the Software, these Terms apply only between you and DDC as the upstream project. Your own users interact with you under terms you define.
The Software is distributed under the GNU Affero General Public License, version 3.0 or later (AGPL-3.0-or-later). See the full license text.
Key consequences:
You agree not to use the Software or the Service to:
You are responsible for safeguarding your account credentials and for activity under your account. Notify info@datadrivenconstruction.io promptly if you suspect unauthorised access.
The Software integrates with third-party Large Language Models. AI output is preliminary and advisory only. It must be verified by a qualified construction-estimation professional before being used in any tender, contract, or binding cost commitment. DDC disclaims all liability for commercial decisions made on the basis of unverified AI output. See the AI dialog box disclaimer in the user interface.
You retain all rights to content you upload. You grant DDC a limited licence to process your content solely for the purpose of providing the Service. DDC does not use your content to train AI models.
The Service is provided "AS IS". DDC makes no commitment on uptime unless you have a separate Enterprise Agreement that includes an SLA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DDC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SOFTWARE, OR THE SERVICE WILL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO DDC FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (EUR 100), WHICHEVER IS GREATER.
DDC IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms limits liability that cannot be limited by applicable law (for example, death or personal injury caused by negligence, or liability under the German Produkthaftungsgesetz).
You agree to indemnify and hold DDC harmless from any claim arising out of your misuse of the Software or the Service, your breach of these Terms, or your violation of applicable law.
You may stop using the Service at any time; on request, or directly from Settings, we will delete your account and associated personal data (see the Privacy Policy).
DDC may suspend or terminate access for material breach of these Terms, after reasonable notice where practicable.
DDC may update these Terms by posting a revised version. Material changes take effect no earlier than 30 days after posting; continued use constitutes acceptance.
These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules, and the UN Convention on Contracts for the International Sale of Goods. The competent courts of Berlin have exclusive jurisdiction, except that consumers may bring proceedings in their habitual-residence courts where mandatory local law so requires.
All enquiries (general, legal, security, privacy): info@datadrivenconstruction.io
These Terms provide a baseline and are not a substitute for legal advice. Before relying on this document in production, have it reviewed by a qualified lawyer in your jurisdiction.