Terms of use

Version 2026-10-11 · Effective 11 October 2026 · Applies to www.kalmanfat.com

1. Provider and scope

The provider is Kalman Control UG (haftungsbeschränkt), Kastanienstr. 5, 47269 Duisburg, Germany, represented by managing director Hamid Pedram. Commercial register: Amtsgericht Duisburg, HRB 39722. Contact: info@kalmancontrol.de or +49 174 9648159. See the Imprint for further details.

These Terms govern individual accounts and use by businesses, organisations and private consumers. “You” means the account holder or, where an authorised person contracts for an identified organisation, that organisation. A consumer uses the service mainly outside a trade, business or profession; mandatory consumer protection applies according to the actual circumstances.

Individually agreed terms take priority over conflicting provisions here. A separately concluded Data Processing Agreement takes priority for processing customer-controlled personal data. Our Privacy Policy explains data processing; its acknowledgment is not blanket consent.

2. Accounts and agreement

You must be at least 18 years old and able to enter a contract. Provide accurate account details and an email address you control. If you act for an organisation, you must have the necessary authority and identify it correctly. Do not share a personal account; collaborators should use their own accounts and assigned permissions.

Before submitting registration, you can read, print or save these Terms and the Privacy Policy, correct your entries, and select the unchecked acceptance and acknowledgment controls. Your registration is a request for an account agreement. The agreement takes effect when we activate the account following the required email verification. Account registration itself does not order a paid subscription or authorise charges.

Users with existing accounts must expressly accept this version and acknowledge receipt of the Privacy Policy at their next access check before using protected functions. If you decline, you cannot continue ordinary account access. Declining does not automatically delete your projects or waive existing claims. You can contact us to arrange an authorised export, account closure or another solution required by an existing agreement or law.

Keep credentials confidential, use a strong unique password, and notify us promptly of suspected misuse. You remain responsible for permissions and actions you lawfully authorise; responsibility for misuse is assessed under applicable law and is not automatically imposed regardless of fault.

3. Service, availability and technical requirements

The service supports project and test-plan preparation, results and evidence, collaboration, punch lists, workbook import/export and report generation. Available features and instructions are described in the user manual. You need a supported current browser, a suitable device and an internet connection for account checks and cloud synchronisation. Some already-open project work can be held locally during a connection interruption.

There is no guaranteed uptime, restoration time, storage capacity, retention period or service-level agreement unless expressly agreed separately. Maintenance, provider outages, browser restrictions or network failures can interrupt the service. We take reasonable measures to operate the agreed service; this provision does not exclude statutory conformity, security-update or other mandatory obligations.

The tool records information supplied by its users. It does not independently certify equipment, validate a safety function, establish regulatory compliance or replace qualified engineering judgment, inspection, manufacturer instructions or a legally required acceptance process. Review test procedures, imported data, evidence, calculations and reports before relying on them. Conduct tests only under your organisation’s approved safety procedures.

Registering currently creates an account without a registration charge. Any paid service, subscription or additional obligation requires a separate clear offer and your express agreement to its price and conditions. We do not introduce charges solely through an update to these Terms.

4. Your project content and intellectual property

You or your rights holders retain ownership and intellectual-property rights in project data, test results, photos, documents, names, logos and other uploaded content. Uploading does not transfer ownership to us. You must have the rights, permissions and lawful basis needed to upload, process and share it, including permissions for people appearing in photos and information belonging to employers, clients or suppliers.

You grant us a non-exclusive licence, limited to the duration and purposes of the service and necessary retention, to host, store, copy for operational protection, display to authorised people, synchronise and process your content, and generate the exports or reports you request. Our necessary service providers may perform these operations on our behalf. We do not obtain a licence to sell your project content, publish it for advertising or use it to train AI models.

The application, its design, software, service documentation and our own branding belong to us or the relevant licensors. You receive permission to use them through the service for its intended purposes. You may use generated project exports and reports in your own lawful work and preserve required records. Third-party open-source or other licence terms continue to apply. Do not copy or redistribute the application, misuse our marks or remove required licence notices except where the law or an applicable licence permits it.

5. Confidentiality and authorised sharing

We treat non-public customer project content as confidential. We do not sell it or disclose it to unrelated customers. Access and disclosure are permitted only for your authorised collaborators, the personnel and providers needed for operation, security and support, your instructions, or a binding legal requirement or necessary legal claim. Access must be proportionate and subject to applicable confidentiality and data-protection obligations.

Project owners and authorised managers control invitations, roles and phase permissions. Review access before adding colleagues, witnesses, contractors or clients, and remove it when no longer needed. A collaborator’s ability to export or view information depends on the granted role. You are responsible for sharing choices you authorise and for protecting your exports outside the application.

No system can promise that data will never be accessed by any person or provider. We remain responsible for safeguards and for our own legal duties. Security limits are not a blanket waiver of liability.

6. Personal and sensitive data

Collect and upload only information necessary for the project. Redact unnecessary personal details, faces, identification documents and confidential material. Do not store passwords, private keys or access tokens in projects. Special-category personal data, criminal-offence data and highly sensitive information requiring additional controls must not be uploaded unless we have separately agreed suitable safeguards and you have the necessary legal authority.

If you store personal data for a business, employer, client or other organisation, that controller must be identified and a Data Processing Agreement must be concluded with us before those uploads. Email us the controller’s legal name, address, contact, authorised representative and intended processing. A personal account’s acceptance of these Terms alone does not sign a processing contract for an unidentified employer or client. If such data is already stored, contact us promptly to document the correct relationship and safeguards.

Respect data subjects’ rights and your organisation’s retention requirements. Your obligations do not transfer our own GDPR duties to you, limit rights to complain to an authority, or exclude compensation rights that cannot lawfully be excluded.

7. Backups, archiving and deletion

• Keep an independent, secure and retrievable copy of important project data, uploaded original files and completed reports. Use the workbook export and available report or attachment downloads, and check that exported files contain the information and evidence you need.
• Export and archive at intervals appropriate to the sensitivity and importance of your work, after significant testing milestones, and before making major changes, closing an account or deleting content. Keep originals and archives according to applicable contractual, regulatory and legal retention requirements.
• Review stored data and project permissions periodically. Remove sensitive or unnecessary content once there is no continuing lawful need, while respecting any retention duty. Store records that must be retained in a suitable secure archive.
• Confirm that changes have synchronised before relying on the cloud copy. Local offline drafts can be lost when site data is cleared, a browser/device is changed or local storage fails. An offline draft and the live cloud copy are not a substitute for an independent backup.
• Protect downloaded and local copies. Deletion in the service does not remove collaborator exports, files on your device or copies in other systems. Clear local site data when appropriate after preserving any unsynchronised work.

Provider operational backups may exist, but they are not a customer archive or a promised recovery service. We do not guarantee restoration of a particular deleted file or earlier project version unless separately agreed. These reasonable backup duties do not release us from agreed backup obligations, mandatory statutory duties or liability that cannot lawfully be limited.

Use available deletion controls for content you are authorised to manage. Project owners decide about whole-project deletion within the access rules. For account closure, deletion assistance or an export when account access is restricted, email us. We verify authority and explain any lawful retention that prevents immediate erasure. Project audit records and contributions belonging to another customer may require a different treatment from your personal profile.

8. Acceptable use and illegal content reports

Do not upload unlawful, infringing or malicious material; breach another person’s privacy or confidentiality; bypass project access controls; probe or attack the service without permission; send unsolicited communications; impersonate another person; or interfere with other users. Use imports and uploads only with files you are entitled to use. Statutory rights to interoperability, security research or other permitted acts remain unaffected.

Send suspected illegal-content or intellectual-property reports to info@kalmancontrol.de. Include a specific project/content location or identifier, the reason for the report, supporting details, your contact information where legally required, and a statement that the report is accurate to the best of your knowledge. Do not seek access to another customer’s private project to obtain this information.

We assess reports and may remove or restrict content or access where legally required or proportionate to a substantiated breach. Decisions take account of affected users’ rights. Where lawful, we inform the affected user of the reason and available review route. You may request review by replying to our notice or contacting the above address. We do not routinely use automated content-decision systems.

9. Suspension, termination and your records

You may request closure of the free account at any time by email; this does not require a postal letter. Export records first or ask us to arrange an authorised export. Closing an individual account does not authorise deletion of another organisation’s projects.

We may suspend access when reasonably necessary to address a material breach, security threat, illegal use or binding legal order, and must keep the restriction proportionate. Where practical and lawful, we explain the reason and allow an opportunity to remedy it. Immediate action may be needed for an urgent threat. An appeal or a data request remains possible through our contact email.

We may end the free account service on at least 30 days’ notice in text form, allowing a reasonable opportunity to export your lawful content. Termination for a serious reason and mandatory customer rights remain unaffected. A paid or individually negotiated contract is subject to its agreed term and termination conditions. We do not use a refusal to accept new Terms to erase data without an opportunity to address lawful export and retention needs.

10. Liability

We have unlimited liability for intent and gross negligence; culpable injury to life, body or health; an expressly assumed guarantee to its applicable extent; and liability that cannot legally be limited, including applicable product-liability and data-protection law.

For simple negligence, we are liable for breach of an essential contractual obligation whose performance is necessary for proper fulfilment of the agreement and on which you may normally rely. In that case, liability is limited to damage that was foreseeable and typical for the agreement when it was concluded. For other simple-negligence breaches, liability is excluded only to the extent legally permitted.

For data loss, where a limitation is legally permitted, compensation for restoration may take account of the effort that would have been required had reasonable, risk-appropriate backups been kept. This does not apply to the unlimited-liability cases above, where we agreed to provide the affected backup, or where it would contradict a mandatory duty or improperly shift our responsibility to you. Contributory fault, if any, is assessed under the law; an omitted backup does not automatically eliminate a claim.

The permitted limitations also apply to claims arising from the same circumstances against our representatives and persons performing our obligations. They do not restrict mandatory consumer remedies, GDPR rights, the burden-of-proof rules applicable by law or liability for a separate commitment we have expressly made. We do not impose a blanket indemnity on consumers for every third-party claim.

11. Consumer protection and withdrawal

Consumers retain all mandatory rights applicable to digital services, including conformity, required updates, remedies, termination and reimbursement where the statutory conditions apply. Registration of the current free account does not constitute a paid purchase. Personal information necessary to provide the requested service or fulfil legal duties is processed for those purposes as described in the Privacy Policy.

If a statutory withdrawal right applies to a contract with us, these Terms do not waive it, shorten its period or treat account use or acceptance as a request to surrender it. The information and any electronic withdrawal function required for that contract must be provided before conclusion. You may also send an unambiguous withdrawal declaration to our postal address or contact email, identifying yourself and the contract. In any event you can request closure of the current free account at any time under section 9.

Accepting these Terms does not authorise future paid services or waive rights by agreeing that performance begins immediately. Separate paid offers require their own pre-contract information and express agreement.

12. Changes to the service or Terms

We may make necessary security fixes and adjustments to preserve conformity. Further service changes may be justified by a legal requirement, a concrete security risk, necessary compatibility with supported systems or providers, or improvements to the agreed functions. Changes must not introduce additional charges or remove mandatory rights.

Where consumer law applies to a continuing digital service, we provide the required clear information. If a change materially impairs access or use, we notify you in advance on a durable medium and explain any statutory right to end the contract without charge, including the applicable 30-day period under section 327r BGB where relevant. A terms checkbox does not replace these duties.

Material amendments to the agreement require express acceptance where required. Silence is not acceptance. We state the version and explain important changes. If agreement cannot be reached, existing rights and lawful termination rules apply; we address access, export and closure without extinguishing your rights. Correcting a Privacy Policy does not by itself create consent to new optional processing.

13. Governing law, disputes and contact

German law governs the agreement. For consumers, this choice does not remove mandatory protection under the law of their habitual residence where that protection applies. No exclusive German venue is imposed on consumers. For merchants, public-law legal persons and public-law special funds, the courts at our registered seat may have exclusive jurisdiction where legally permitted; other mandatory venues remain unaffected.

Please contact us with service complaints or disputes so we can review them. We do not voluntarily commit to consumer arbitration through these Terms; any legally required participation or information remains unaffected. An invalid clause is replaced by the applicable statutory rule rather than a new provision that reduces mandatory rights. The remaining agreement continues to the extent permitted by law.

Legal, account and data requests: info@kalmancontrol.de · Kastanienstr. 5, 47269 Duisburg, Germany.