General Terms and Conditions (GTC)

for the use of the software myElectricPlan

§ 1 Provider and scope

The provider of the software myElectricPlan is Lumiotechsolutions UG (haftungsbeschränkt), Hangstraße 20, 74743 Seckach, Germany, e-mail: support@myelectricplan.com. These General Terms and Conditions apply to all contracts for the use of the web-based software solution “myElectricPlan” between the provider and the user (customer), irrespective of whether the customer is a business user (B2B) or a consumer (B2C). The software is aimed at both businesses and consumers within the meaning of the relevant EU regulations. Deviating or supplementary terms and conditions of the customer shall only apply if the provider has expressly agreed to their validity in text form.

§ 2 Subject matter of the contract and description of services

The provider makes myElectricPlan available as a Software-as-a-Service (SaaS) solution via the internet. The software in particular enables the creation of electrical planning based on PDF plans as well as the documentation and management of projects. Use is exclusively online via the web application at https://app.myelectricplan.com; local installation of the software is not required. The specific scope of functions results from the tariff selected in each case and the service description available on the website at the time the contract is concluded. The provider may provide beta and test features that can be changed or discontinued at any time without any claim to permanent availability. In relation to consumers, the provider fulfils the statutory update and security obligations for digital products in accordance with Sections 327 et seq. of the German Civil Code (BGB). The software serves as support for planning and does not replace expert review or planning in accordance with legal or technical standards (in particular DIN/VDE). The customer bears full responsibility for compliance with all applicable regulations, standards and approvals.

§ 3 Registration and conclusion of contract

The use of myElectricPlan requires the creation of a user account. By completing the registration and selecting a tariff, the customer submits a binding offer to conclude a user contract. The contract is concluded when the user account is activated or when the provider sends a confirmation e-mail. Payment and processing of the fees are carried out via the external payment service provider Stripe; the terms of use and privacy policy of Stripe apply in addition to these terms. For consumers, the cancellation policy in § 13 of these GTC also applies.

§ 4 Availability, maintenance and support

The provider endeavours to make myElectricPlan available in a stable manner and with as few interruptions as possible. Temporary limitations of availability may in particular result from necessary maintenance work, events of force majeure, disruptions at third parties (e.g. internet providers, DNS, external services) as well as from mandatory security and adjustment measures. The customer is not entitled to a specific minimum availability or to the rectification of disruptions within a certain period; statutory warranty and liability rights remain unaffected. Planned maintenance work will – where reasonably possible – be announced in advance and, as far as feasible, carried out during off-peak times. Support is generally provided by e-mail to support@myelectricplan.com with customary response times of up to 48 hours on business days and support hours from Monday to Friday between 9:00 a.m. and 5:00 p.m. (CET/CEST). The provider performs regular data backups with target values such as a Recovery Point Objective (RPO) of up to 24 hours; concrete recovery times (RTO) are not legally guaranteed.

§ 5 Further development and changes to the service

The provider continuously develops myElectricPlan. Updates and upgrades may lead to changes, extensions or the removal of individual functions, provided this is reasonable for the customer and does not significantly impair the purpose of the contract. Material changes to core functions will be announced in advance in good time. If functions of essential importance have to be discontinued, this will generally be announced with a reasonable notice period (as a rule at least 30 days) and – as far as reasonable – a comparable alternative will be offered.

§ 6 Prices and payment processing

The fees applicable for the use of myElectricPlan result from the tariff selected in each case and the current price list on www.myelectricplan.com. Unless expressly indicated as gross prices (including statutory VAT), all prices quoted by the provider are net prices plus the applicable statutory VAT. Payment is made via the payment service provider Stripe; payment data (e.g. credit card data) is processed directly by Stripe and not fully received by the provider. The VAT actually due depends on the customer’s place of residence and the respective applicable VAT regulations; the tax amounts and total prices shown in the order process are decisive. For business customers within the EU, the reverse charge procedure may apply if the legal requirements are met. Price changes only apply to future billing periods and take effect at the earliest on the next renewal date; they are notified to the customer in text form at least 30 days before they take effect and the customer has a special right of termination. Invoices are provided electronically and payments are due immediately without deduction. If a debit fails (e.g. chargeback), the provider is entitled to temporarily block access.

§ 7 Term, renewal, termination and blocking

For a monthly tariff, the term is one month; the contract is automatically renewed for a further month unless it is terminated with a notice period of 3 days before the end of the month. For an annual tariff, the term is 12 months; the contract is automatically renewed for another 12 months unless it is terminated at least 30 days before the end of the respective term. Termination may be declared via the user account or in text form (e.g. by e-mail) and becomes effective at the end of the current contract period. The right to extraordinary termination for good cause remains unaffected; good cause exists in particular in the event of serious or repeated breaches of these GTC or in the event of payment arrears of more than 14 days. In the event of payment arrears or a justified suspicion of misuse, the provider may temporarily block access until the matter has been clarified or the arrears have been settled.

§ 8 Data export, continuation and deletion of accounts

Projects, planning data and uploads of the customer generally remain stored even if a tariff is terminated or downgraded; the customer can continue working with existing projects when a tariff is reactivated. If the customer wishes the complete deletion of their account and all associated productive data, they must declare this in text form (e.g. by e-mail to support@myelectricplan.com). The provider will usually delete the account and all productive data within 30 days, provided that no statutory retention obligations conflict with this. Data in backups will be overwritten in the course of rolling backup cycles at the latest after 90 days. An individual data export that goes beyond the standard functions of the software must be ordered separately and is subject to a fee.

§ 9 Rights of use and intellectual property

For the duration of the contract, the provider grants the customer a simple, non-transferable and non-sublicensable right to use myElectricPlan, limited to use via the internet within the framework of this contract. All rights to the software, the source code, trademarks, logos and other content remain with the provider. In particular, independent local installation of server-side components, decompilation or reverse engineering (insofar as not mandatorily permitted by law) as well as making the software available to third parties outside the contractually intended use are prohibited. If the customer submits suggestions, ideas or feedback on the software to the provider, the provider shall receive a simple, free, unlimited right of use to such content, in particular for the further development of myElectricPlan.

§ 10 Obligations of the customer and permitted use

The customer is obliged to keep login data confidential and to protect it against unauthorised access, to use the software only within the framework of applicable laws and the contractual purpose and to ensure that the necessary third-party rights (in particular copyrights) exist for content uploaded or processed (e.g. plans, documents). In particular, automated mass scraping or excessive automated requests, the upload of unlawful or infringing content, the circumvention of security or access restrictions and any use that burdens the provider’s infrastructure to an extent that impairs performance for other users are prohibited. User accounts are generally personal; disclosure of login data to third parties without the provider’s consent is not permitted and the customer shall ensure that the booked number of users (seats) is observed. The provider may define reasonable rate limits and usage thresholds in order to safeguard the stability and security of the service. The customer shall maintain an up-to-date system environment (e.g. current browser, security updates) and take customary IT security precautions; introducing malware or using unauthorised bots is prohibited.

§ 11 Liability

The provider is liable in accordance with the statutory provisions, unless otherwise stipulated in this section. In cases of intent and gross negligence, the provider is liable without limitation; the same applies to damage resulting from injury to life, limb or health. In cases of simple negligence, the provider is only liable for breaches of essential contractual obligations (cardinal obligations); in such cases, liability is limited to the typical, foreseeable damage and capped at the total amount of fees paid by the customer to the provider in the twelve months prior to the damaging event. Liability is in particular excluded for indirect damage such as loss of profit or failure to achieve savings, for data loss that could have been avoided by reasonable data backup measures on the part of the customer, and for planning errors resulting from incorrect or incomplete information provided by the customer. Liability under the German Product Liability Act remains unaffected.

§ 12 Data protection and data processing

The processing of personal data by the provider is carried out in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Details are set out in the privacy policy at https://myelectricplan.com/en/footer/data-privacy. Insofar as the customer processes personal data of third parties via myElectricPlan, the parties shall, prior to use, conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR, which is provided electronically and may be concluded, for example, by click acceptance. The provider uses subprocessors and keeps an up-to-date overview available; changes are usually notified in text form at least 14 days in advance and the customer may object on valid data protection grounds.

§ 13 Right of withdrawal for consumers

If the customer is a consumer, they are entitled to a statutory right of withdrawal. The withdrawal period is 14 days from the conclusion of the contract. To exercise the right of withdrawal, it is sufficient to send a clear declaration (e.g. by e-mail) to support@myelectricplan.com. In the event of a valid withdrawal, the provider will reimburse all payments received within 14 days using the same means of payment that was used for the original transaction, unless otherwise agreed. If the provider has begun to provide the service at the express request of the consumer before the end of the withdrawal period and the consumer has been informed about the obligation to pay compensation, the consumer must pay reasonable compensation for the service provided up to the time of withdrawal. In the case of ongoing subscriptions, the right of withdrawal will generally not fully expire within the withdrawal period, as the service is not completely provided within this period. The provider supplies a model withdrawal form, the use of which is not mandatory.

§ 14 Changes to these GTC

The provider may adapt these GTC with effect for the future if there is an objective reason for doing so (e.g. changes in the law, adjustments to the scope of functions, changed cost structures). Changes will be notified to the customer in text form at least 30 days before the planned effective date. For business customers (B2B), the following applies: if the customer does not object within 14 days of receipt of the change notification, the changes are deemed to have been approved. For consumers (B2C), the following applies: changes that do not adversely affect the existing contract (e.g. editorial adjustments, mandatory legal changes, improvements in security or data protection) take effect on the announced date; in the event of adverse changes, consumers have a special right of termination as of the effective date. If the customer objects in due time, the provider may terminate the contract with a notice period of 14 days as of the scheduled effective date of the amended GTC.

§ 15 Consumer dispute resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The former EU Online Dispute Resolution (ODR) platform has been discontinued.

§ 16 Force majeure

The provider is not liable for service disruptions caused by events of force majeure that are beyond its control. These include in particular natural disasters, war, terrorism, pandemics, governmental measures, strikes, failures of electricity or telecommunications networks or disruptions at the data centre operator. If such circumstances persist for more than 30 days, both parties are entitled to terminate the contract with 14 days’ notice. Fees already paid will be refunded pro rata insofar as no service has been provided.

§ 17 Applicable law, place of jurisdiction and contract language

For contracts with business customers, German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Where legally permissible, the place of jurisdiction is the registered office of the provider. For consumers, the statutory places of jurisdiction and the mandatory consumer protection provisions of the customer’s EU member state of residence apply. The contract language is German. Where these GTC refer to written form, text form (in particular by e-mail) is generally sufficient.

§ 18 Final provisions

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid provision. The provider’s contact details are as follows: Lumiotechsolutions UG (haftungsbeschränkt), Hangstraße 20, 74743 Seckach, Germany, e-mail: support@myelectricplan.com, website: https://myelectricplan.com, legal notice: https://myelectricplan.com/en/footer/impressum, privacy policy: https://myelectricplan.com/en/footer/data-privacy, general terms and conditions: https://myelectricplan.com/en/footer/general-terms-conditions. These GTC entered into force on 1 November 2025.

Last updated: November 2025