Terms and Conditions

We, KPPK Ziviltechniker GmbH, Gumpendorferstraße 139/1/9, 1060 Vienna, office@kppk.at, ("KPPK", "we", "us"), are pleased that you want to use our software solution for calculating the amortization time of investments in alternative energy sources R.O.S.E.® "Reckoning of Sustainable Energysystems" ("Software"). By registering and using the Software, you accept the following Terms and Conditions ("T&C").

1. Scope of use
The use of the Software provided by KPPK is exclusively permitted on the basis of the present T&C. The beta version of the Software was distributed free of charge and continuously further developed. To cover the development costs incurred to date, KPPK charges a one-time registration fee for any future use.

The present T&C may be amended, modified or replaced by us at any time to reflect possible further developments of the Software. In this case, we will notify you of any changes via e-mail at least 14 days prior to the effective date of the updated T&C and provide you with an updated version. If you do not contradict the amendment within a 14 days period, you are deemed to consent to the updated T&C. We will highlight your right to revoke and the consequences of not doing so in such notice. In case you contradict the amendments, the agreed version of the T&C remains in force, unless we terminate your registration according to Pt 6 below.

2. Conditions for use
The offer is aimed at all natural and legal persons.

Our Software is based on the Progressive Web App (PWA) architecture, which utilizes modern browser features and allows offline use. No installation on the respective end device is required. Due to the encrypted PWA architecture, all calculations are carried out in your browser.

3. Registration and user account
To use the Software, registration on the website www.rose-kppk.at is required. For the registration the one-time registration fee according to Pt 4 is due.

After registration, the user will receive an e-mail with payment instructions and a username. As soon as the registration fee is credited to our account, the user account will be activated with the assigned username. In another e-mail you will receive the access password. However, we reserve the right to refuse the registration of a user before the payment of the registration fee without giving any reason.

The user agrees to provide accurate and complete information and to keep the account information up to date. By registering, the user confirms the accuracy of the information provided.

Furthermore, the user is obligated to keep his access data (username and password) secret and not to disclose them to third parties. If the user allows a third party to use the Software contrary to these T&C, we are entitled to block the user account and to exclude the user from the use of the Software according to Pt 6 and to charge a penalty fee in the amount of the registration fee according to Pt 4.

4. Registration fee
The registration fee is determined on our website. The fee is in Euro and includes VAT but excludes any other taxes, fees and public charges. The payment period is 14 days from the date of receipt of the invoice.

5. Scope of functions
Our Software includes the following functions:

• Comparison of investments in alternative (e.g. solar energy, air or geothermal energy) and thermal energy sources (e.g. natural gas); comparison of amortization time over several decades using the cash value method;
• Overview of current government subsidies, projected energy price and interest rate developments;
• Representation of CO2 savings on a percentage basis and with future effect.

The comparison depends on the data of the respective project such as energy performance certificate, heating load or building data (gross floor area, building class, building type etc) and data on existing energy systems (base costs, annual changes, CO2-equivalent). Based on these inputs, the Software uses predefined parameters to calculate non-binding potential savings when switching to alternative energy sources. The calculated parameters are based exclusively on our internal cost structure for corresponding new construction- or refurbishment projects.

All results are only approximate values, which, according to the manufacturers, can be achieved under ideal conditions if you implement your project with us. Actual savings may be lower than shown in the calculation, in particular due to the exhaustion of government subsidies or other restrictions. The comparison result of the Software is therefore for information purposes only and does not represent a binding commitment of actual cost savings or a concrete cost estimate. The extent of concrete savings potential can always only be determined in the context of an actual project offer through us.

Insofar as it is economically and technically reasonable for us, we will endeavor to maintain the functions of the Software on an ongoing basis. We are entitled to make the Software temporarily inaccessible for maintenance purposes. In addition, we may, but are not obligated to, further develop the Software and perform updates and upgrades. The user has no right to the free of charge provision of updates and upgrades. We reserve the right to charge an additional fee for the provision of updates and upgrades.

6. Period of use and termination
After payment of the registration fee, the Software is made available to the user for an indefinite period of time. However, we are not obligated to guarantee a minimum duration of use and are entitled to terminate your right to use the Software with one month's notice.
We are entitled to restrict your use of the Software or to exclude you from it at any time for good cause in our sole discretion. Good cause shall be deemed to exist in particular in the event of a violation of these T&C or any applicable law. Furthermore, we are entitled to discontinue the provision of the Software if this is no longer technically and economically reasonable for us or if the Software has been further developed through updates and upgrades. In this case we are entitled to discontinue the outdated version. In the latter case, the user can secure a further possibility of use by paying a fee if we make a corresponding offer, which is within our discretion. Likewise, we may terminate your right of use in the event of an objection to amended T&C of use for good cause.
You can also delete your account at any time or request a deletion from us within 14 days. After that, you will no longer be able to use the Software.
In any case of termination, whether by us or you, the user has no right to a full or partial refund of the registration fee.

7. Obligations of the user
Users undertake to comply with the T&C and to provide correct and valid data during the registration process. Users are responsible for any necessary software, hardware and internet connection. In particular, the user is prohibited to

a) make untrue statements and allegations or provide information against better knowledge;
b) promote any illegal activity, or to advocate, promote or assist any unlawful act;
c) violate legal rights of others or to submit any content that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these T&C;
d) enter data that is capable of causing damage to the Software, our servers or other technical equipment of KPPK
e) decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Software or any content except as permitted by copyright law;
f) crawl, scrape, cache or otherwise assess any content via automated means;
g) submit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
h) use the Software in a manner that (i) is likely to interrupt, suspend, slow down or hinder the continuity, (ii) constitutes an intrusion or attempt to break into the Software or our IT infrastructure, (iii) will divert system resources of the Software, (iv) may place a disproportionate load on the infrastructure of the Software, or (v) constitutes an attack on security and authentication measures of the Software or our IT infrastructure;
i) distribute any part of the Software, including but not limited to any content, in any medium without prior written authorisation of us or the respective owner;
j) otherwise use the Software for purposes other than those for which it is designed.

8. Copyright and Intellectual Property Rights
Except for the information provided by the users, all elements of the Software, in particular the design, structure, development logic and content of the linked database are protected by copyright and further intellectual property rights. Without our explicit consent, the user does not acquire the right to reproduce, distribute, rent or lend, make available to the public, broadcast, perform and present, display, edit, translate or otherwise exploit the Software or individual elements thereof.

9. Warranty
We provide the Software with due care. All calculation methods are based on the state of the art. The calculation methods and comparative energy prices are updated regularly - at least once a year - in order to keep the Software up-to-date.

However, it is not possible to completely avoid errors, possible violations by third parties or malfunctions in the Software. Therefore, we do not assume any warranty - also taking into account the risks of the Internet - for the correctness, reliability, quality, suitability, completeness and availability of our Software or the results obtained. Accordingly, content of the Software may be out of date, incomplete or inaccurate. We will make every effort to correct any errors found or reported.

The respective comparison results depend on the information provided by the user and are only estimates under ideal conditions. Actual savings may differ from those calculated by the Software due to the large amount of external influencing factors. We do not assume any liability for the correctness, reliability, availability and accuracy of the content. In particular, we are not liable for the correctness and completeness of the displayed information and savings potential.

The user must examine the Software for defects in accordance with Sections 377 ff of the Austrian Business Code. Any defects discovered shall be notified to us in writing without delay, but no later than five calendar days after the Software has been made available, stating the nature and extent of the defect. Hidden defects must be notified to us in writing without delay, but no later than five calendar days after their discovery. The burden of proof for the existence of defects shall be borne by the user. The presumption of defectiveness according to Section 924 of the Austrian Civil Code is excluded.

We may, at our discretion, remedy the defect by eliminating the defect, installing a work-around, provide the user with a new program version or point out ways to avoid the effects of the defect. Price reduction and redhibitory action are excluded. Warranty claims can be asserted in court at the latest within 6 months after the Software has been made available.

10. Force majeure
Insofar and as long as obligations cannot be fulfilled on time or properly as a result of force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, epidemics such as the Corona virus, failure of the power supply, failure of means of transport, failure of telecommunications networks or data lines, this shall not constitute a breach of these T&C.

11. Liability
We shall be only liable – except in the case of personal injury, death or in the event of the applicability of the Product Liability Act – for damages caused intentionally or by gross negligence. Furthermore, our liability is limited to the total amount of the registration fee. The burden of proof that damages were caused by us intentionally or through gross negligence lies with the user.

We assume no liability for lost profits, expected but not realized savings, indirect and consequential damages as well as for damages to recorded data.

The user must assert all claims for damages not acknowledged by us in writing in court within one year of knowledge of the damage and the damaging party, otherwise the claim is time-barred.

12. Indemnification
User shall fully indemnify and hold us harmless to full extent and free of any claims, damages, liabilities, costs, losses and expenses arising out of (i) User's willful or negligent breach of these T&C and (ii) User's negligent infringement of any third-party rights, including but not limited to intellectual property, privacy or data protection rights.

13. Final Provisions
The T&C are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

The competent court for all disputes arising out of this Agreement shall be exclusively the competent court for the first district of Vienna, Austria.

Status: August 2022

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Terms and Conditions