This English translation is provided for convenience only. In the event of any discrepancy, the German version of these Terms and Conditions is legally binding.
Calcora – AI-supported quantity take-off for the construction industry
Status: October 2026 · Version 1.1
§ 1 Scope and subject matter
(1) These General Terms and Conditions (hereinafter “T&C”) apply to all contractual relationships between Cypher Technology Analytics GmbH, Neubaugasse 25/1/6, Stiege 1, 1070 Vienna, Austria, FN 650705w, VAT ID ATU83127304 (hereinafter “PROVIDER”) and its customers (hereinafter “CUSTOMER”) regarding the use of the Calcora software platform and the services provided by the PROVIDER.
(2) Calcora is a cloud-based, AI-supported software platform that automatically determines quantities (in particular areas, lengths and quantities) from uploaded construction plans and documents and generates quantity take-off sheets and bills of quantities which serve the CUSTOMER as a basis for its own cost estimation and preparation of quotes; the cost estimation itself is carried out by the CUSTOMER (hereinafter “APPLICATION” or “SOFTWARE”).
(3) In addition, the PROVIDER offers the CUSTOMER an optional, chargeable processing and preparation service in which the PROVIDER, on the basis of plans submitted by the CUSTOMER and using the APPLICATION, prepares take-off sheets and quantity determinations and has them checked by trained staff (hereinafter “SERVICE” or “TAKE-OFF SERVICE”). § 5 additionally applies to the SERVICE.
(4) These T&C apply exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB). Conclusion of a contract with consumers within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) is excluded. By concluding the contract, the CUSTOMER confirms that it is acting in the course of its business.
(5) Deviating, conflicting or supplementary terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER has expressly agreed to their validity in writing. This also applies if the PROVIDER performs without reservation in the knowledge of conflicting terms of the CUSTOMER.
(6) The PROVIDER is entitled to have individual services performed by competent third parties (subcontractors, working students, service providers). In this case the PROVIDER remains the CUSTOMER’s contractual partner.
§ 2 Definitions
(1) “APPLICATION/SOFTWARE” means the Calcora platform provided by the PROVIDER as software-as-a-service (SaaS), including all modules, interfaces and associated documentation.
(2) “SERVICE” means the service provided by the PROVIDER of preparing and checking take-off sheets and quantity determinations in accordance with § 5.
(3) “RESULTS” means all outputs generated by the APPLICATION or within the scope of the SERVICE, in particular quantity determinations, take-off sheets, assignments to bills of quantities, and cost-estimation and quote suggestions.
(4) “CUSTOMER CONTENT” means all data uploaded or transmitted by the CUSTOMER, in particular construction plans, bills of quantities, drawings, models and other documents.
(5) “CREDITS” means the contractually agreed billing units, against the consumption of which certain functions of the APPLICATION or services of the PROVIDER may be used.
§ 3 Conclusion of contract and registration
(1) The contract is concluded by the CUSTOMER registering on the platform, by completing a separate order form or by confirming an offer from the PROVIDER. The presentation of the services on the website does not constitute a binding offer but an invitation to submit an offer.
(2) The CUSTOMER is obliged to provide truthful and complete information when registering and to update it without delay in the event of changes. Access data must be kept secret and protected against access by third parties. The CUSTOMER is liable for all actions carried out under its access.
(3) The PROVIDER is entitled to refuse to conclude a contract without giving reasons.
§ 4 Description of the software services (SaaS)
(1) The PROVIDER makes the APPLICATION available to the CUSTOMER via the internet in its current version for the duration of the contract. The CUSTOMER has no claim to the source code or to a local installation.
(2) The scope of functions is determined by the service description or the booked plan valid at the time the contract is concluded. The PROVIDER is entitled to further develop and update the APPLICATION and to change individual functions, provided that the contractually owed core benefit is preserved.
(3) The point of transfer for the PROVIDER’s performance is the router exit of the data centre used by the PROVIDER. The CUSTOMER is solely responsible for the internet connection, end devices and the technical infrastructure on the CUSTOMER’s side.
(4) The PROVIDER is entitled to have the APPLICATION operated in whole or in part by subcontractors (e.g. cloud and hosting providers). The APPLICATION is currently operated on servers of Hetzner Online GmbH in data centres in Germany; CUSTOMER CONTENT is stored there. For the AI-supported analysis, the PROVIDER additionally uses AI and cloud providers in accordance with § 9 (5). The PROVIDER is entitled to replace or add subcontractors while maintaining a comparable level of protection.
§ 5 Take-off and preparation service (done-for-you)
(1) The subject matter of the SERVICE is the preparation of take-off sheets and quantity determinations on the basis of the plans and documents supplied by the CUSTOMER. The PROVIDER generates the RESULTS using the APPLICATION and subjects them to a visual and plausibility check by trained staff.
(2) The RESULTS delivered within the scope of the SERVICE are drafts for review by the CUSTOMER. They are expressly not to be understood as a final statement that is ready for invoicing, verified or approved. Professional and arithmetical final responsibility and approval for further use (in particular for invoicing, change-order or quotation purposes) remain with the CUSTOMER (§ 7).
(3) The scope of the SERVICE (number of plans, processing period, format of the RESULTS) results from the package booked or the individual agreement. The PROVIDER prepares the RESULTS in accordance with the generally accepted rules of technology and the calculation rules agreed with the CUSTOMER, insofar as the documents supplied permit.
(4) The PROVIDER owes the careful preparation and checking of the RESULTS, but no particular economic success and no conformity with a later on-site or official determination. If deviations are based on incorrect, incomplete or outdated documents of the CUSTOMER, this is outside the PROVIDER’s responsibility (§ 7 (4)).
(5) Complaints regarding RESULTS of the SERVICE must be asserted by the CUSTOMER without delay, at the latest within seven (7) calendar days after they have been made available, in comprehensible written form. After approval by the CUSTOMER or after expiry of this period, the RESULTS are deemed accepted.
§ 6 Free trial period
(1) The PROVIDER may grant the CUSTOMER a free trial period. Its duration and scope will be announced during registration or on the website.
(2) The trial period ends automatically after the stated period without the need for separate termination. An automatic transfer into a paid subscription only takes place with the CUSTOMER’s express consent.
(3) The warranty pursuant to § 13 and the liability pursuant to § 14 apply to the trial period, with the proviso that the PROVIDER is only liable for services provided free of charge in cases of intent and gross negligence.
§ 7 Duties to cooperate and the CUSTOMER’s obligation to review
(1) The CUSTOMER ensures that it holds all necessary rights to the CUSTOMER CONTENT and that its processing by the APPLICATION or the PROVIDER does not infringe any rights of third parties (in particular copyright, trademark, property or data protection rights).
(2) The CUSTOMER is obliged to provide the documents required for performance completely, up to date, legibly and in the agreed form. Delays and additional work attributable to incomplete or incorrect documents are at the CUSTOMER’s expense.
(3) It is the sole responsibility of the CUSTOMER to check all RESULTS for correctness, completeness and plausibility and to approve them before using them. The RESULTS are automatically or service-generated proposals which must be validated independently before being used as the basis for business decisions, invoices, quotes or change orders.
(4) The PROVIDER performs its services on the basis of the data supplied by the CUSTOMER. If incorrect RESULTS are based on incorrect, incomplete, outdated or misleading CUSTOMER CONTENT, the PROVIDER assumes no warranty and no liability for this (“garbage in, garbage out”).
(5) The CUSTOMER remains responsible for regularly backing up its data. It must make suitable backup copies before transmission to the PROVIDER.
(6) The CUSTOMER ensures that no unlawful content is processed through the APPLICATION. The PROVIDER is not obliged to check CUSTOMER CONTENT for legal violations.
§ 8 Rights of use and intellectual property
(1) All rights to the APPLICATION, the underlying software, algorithms, models, databases, documentation and marks remain with the PROVIDER or its licensors. The CUSTOMER only receives the rights of use described below.
(2) For the duration of the contract, the PROVIDER grants the CUSTOMER a non-exclusive, non-transferable and non-sublicensable right to use the APPLICATION to the agreed extent for its own business purposes.
(3) The CUSTOMER is not entitled to reverse engineer, decompile, reproduce, make available to third parties, rent out or use the APPLICATION beyond the agreed scope, unless this is mandatorily permitted by law.
(4) The CUSTOMER acquires rights of use to the CUSTOMER CONTENT it supplies and to the RESULTS generated from it to the extent contractually agreed. The PROVIDER only receives the rights to the CUSTOMER CONTENT that are necessary for the performance of the contract and for the purposes set out in § 9.
§ 9 AI-specific provisions
(1) The APPLICATION uses methods of artificial intelligence and machine learning. The CUSTOMER acknowledges that such methods are by nature probabilistic and that RESULTS may be erroneous, incomplete or – with identical inputs – not fully reproducible.
(2) The PROVIDER gives no warranty for the correctness, completeness, accuracy or fitness for a particular purpose of the AI-generated RESULTS. The RESULTS do not replace professional review and decision by the CUSTOMER or by experts engaged by it.
(3) The PROVIDER takes appropriate measures in accordance with the applicable regulations, including Regulation (EU) 2024/1689 (AI Act), insofar as it applies to the APPLICATION. The CUSTOMER is itself responsible for the lawful use of the RESULTS within its area of responsibility.
(4) Use of data to improve the models: The PROVIDER is entitled to process CUSTOMER CONTENT and RESULTS in aggregated and/or anonymised form for the maintenance, analysis, quality assurance and further development of the APPLICATION and the underlying models. Personal data is only processed for these purposes within the framework of the applicable data protection regulations and the agreement pursuant to § 16. The CUSTOMER may object in text form to any use of identifiable content beyond the performance of the contract.
(5) Use of third-party AI providers: To generate the RESULTS, the PROVIDER uses AI models and cloud services from third-party providers, currently in particular Anthropic (Claude), OpenAI, Google, Amazon Web Services (AWS) and Kreo (Kreo Software Ltd., United Kingdom). The CUSTOMER CONTENT required for this (in particular plan content, image and text data) is transmitted to and processed by these providers; processing may also take place on servers in the USA, in the United Kingdom or in other third countries outside the EU/EEA. By concluding the contract, the CUSTOMER expressly consents to this transmission and processing, including the transfer to the USA and the United Kingdom. The CUSTOMER acknowledges that third countries may not offer a level of data protection comparable to that of the EU and that authorities there may access data.
(6) The CUSTOMER undertakes to upload only the documents required for the analysis and, where possible, to remove or redact before uploading any personal data that is not required for determining the quantities (e.g. names, addresses or contact details in title blocks).
§ 10 Prices, credits and terms of payment
(1) The prices or tariffs agreed at the time the contract is concluded apply. Unless otherwise stated, all prices are net plus the applicable statutory VAT.
(2) If a credit-based model has been agreed, certain functions or services are charged against the consumption of CREDITS. Unless otherwise agreed, CREDITS must be used within the respective billing period (generally twelve months) and expire thereafter without any claim to refund or transfer. Unused CREDITS are not refunded.
(3) Unless otherwise agreed, the fee for subscriptions or annual plans is payable in advance for the respective billing period. Services of the SERVICE are invoiced in accordance with the respective individual or package agreement.
(4) Unless otherwise agreed, invoices are payable without deduction within fourteen (14) days of the invoice date.
(5) In the event of late payment, the PROVIDER is entitled to demand default interest at the statutory rate (§ 456 UGB) and reimbursement of necessary collection and recovery costs. The PROVIDER is also entitled, after prior notice, to block access to the APPLICATION until payment has been made in full.
(6) The PROVIDER is entitled to reasonably adjust prices for ongoing contracts with six (6) weeks’ notice to the end of a billing period. If the CUSTOMER does not object to the adjustment before it takes effect, it is deemed accepted; the PROVIDER will separately inform the CUSTOMER of the right to object and its legal consequences.
(7) The CUSTOMER is only entitled to set-off or retention if its counterclaim is undisputed or has been finally established by a court.
§ 11 Availability, maintenance and support
(1) The PROVIDER endeavours to ensure the highest possible availability of the APPLICATION but – subject to a separately agreed service level agreement (SLA) – does not owe any particular availability.
(2) Downtimes due to maintenance work, necessary updates, internet disruptions or events of force majeure (§ 19) as well as circumstances beyond the PROVIDER’s control are not considered unavailability within the meaning of any SLA. Plannable maintenance work will, where possible, be scheduled at times of low demand and announced.
(3) Support is provided to the agreed extent via the channels designated by the PROVIDER. There is only a claim to support outside normal business hours if separately agreed.
§ 12 Term and termination
(1) Unless otherwise agreed, the contract for the use of the APPLICATION is concluded for the booked billing period (generally twelve months).
(2) The contract may be terminated at any time. Termination takes effect at the end of the current billing period, provided it is received by the PROVIDER before the respective renewal date. If notice of termination is not received in time, the contract is extended by a further billing period.
(3) Notices of termination must be given in text form (e.g. email) via the channels provided by the PROVIDER or to the address stated in the contract.
(4) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for the PROVIDER exists in particular in the event of significant payment default, abusive use or material breach of the obligations under § 7 or § 8.
(5) Upon termination of the contract, the CUSTOMER’s right of use ends. The PROVIDER gives the CUSTOMER the opportunity to export its data for a period of thirty (30) days and is thereafter entitled to delete CUSTOMER CONTENT in accordance with statutory and contractual requirements.
§ 13 Warranty
(1) The PROVIDER warrants that the APPLICATION essentially corresponds to the applicable service description. A particular quality is only deemed agreed insofar as it has been expressly assured in writing.
(2) The CUSTOMER acknowledges that, according to the state of the art, software cannot be created completely free of errors. A defect only exists if usability for the contractually assumed use is impaired more than insignificantly.
(3) In the event of a justified notice of defects, the PROVIDER shall initially provide warranty by way of improvement (rectification), in particular by eliminating errors, providing a new program version or a workaround that is reasonable for the CUSTOMER.
(4) The CUSTOMER must give notice of defects without delay, at the latest within seven (7) calendar days of their becoming recognisable, in a comprehensible manner and in writing (§ 377 UGB). If timely notice is not given, the performance is deemed approved.
(5) In business transactions the warranty period is shortened to twelve (12) months from performance of the respective service, insofar as legally permissible. The presumption period of § 924 of the Austrian Civil Code (ABGB) is shortened to three (3) months.
(6) Warranty is excluded for defects based on incorrect CUSTOMER CONTENT (§ 7 (4)), improper use, interventions by the CUSTOMER or third parties, or circumstances outside the PROVIDER’s area of responsibility.
§ 14 Liability
(1) The PROVIDER is only liable without limitation for damage resulting from injury to life, body or health and for damage based on intent, as well as within the scope of mandatory statutory liability (in particular under the Product Liability Act).
(2) For damage based on gross negligence, the PROVIDER is liable in principle, but limited in amount in accordance with para. 4.
(3) Liability for slight negligence is excluded – with the exception of personal injury. In particular, liability for property and financial damage caused by slight negligence is excluded.
(4) Maximum liability: Insofar as the PROVIDER is liable and liability is not unlimited under para. 1, liability is limited in amount to the typical, foreseeable damage, but at most to the amount of the net fees paid by the CUSTOMER to the PROVIDER in the twelve (12) months prior to the event causing the damage, and for services of the SERVICE at most to the net order value of the individual order concerned.
(5) Except in cases of intent and the cases under para. 1, liability is excluded for indirect damage, consequential damage, lost profit, lost revenue, failure to achieve savings, third-party claims, damage from business interruption and damage from incorrect cost estimates, quotes, invoices or change orders of the CUSTOMER resulting from a failure to review or an insufficient review of the RESULTS (§ 7 (3)).
(6) Liability in connection with RESULTS and the SERVICE: Since the RESULTS are provided pursuant to § 5 (2) as drafts to be reviewed by the CUSTOMER and professional final responsibility and approval remain with the CUSTOMER (§ 7 (3)), the PROVIDER is not liable for damage arising from the CUSTOMER using RESULTS without review or without approval. The PROVIDER is not liable for deviations based on incorrect CUSTOMER CONTENT (§ 7 (4)).
(7) The PROVIDER is only liable for loss of data up to the amount that would have been required for restoration had the CUSTOMER backed up its data properly and regularly (§ 7 (5)).
(8) The above limitations of liability also apply in favour of the PROVIDER’s legal representatives, employees, subcontractors and vicarious agents.
(9) Claims for damages against the PROVIDER become time-barred – insofar as legally permissible and except in the cases of para. 1 – within one (1) year from knowledge of the damage and the party causing it, but at the latest within three (3) years from the damaging event. The CUSTOMER bears the burden of proving gross negligence or intent.
§ 15 Indemnification
(1) The CUSTOMER indemnifies the PROVIDER against all third-party claims resulting from a breach of the CUSTOMER’s obligations under these T&C, in particular under § 7 and § 8, or from unlawful use of the APPLICATION or the RESULTS by the CUSTOMER. This also includes the reasonable costs of any necessary legal defence.
§ 16 Data protection and data processing
(1) The parties undertake to comply with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
(2) Insofar as the PROVIDER processes personal data on behalf of the CUSTOMER, the parties conclude a separate data processing agreement pursuant to Art. 28 GDPR, which is attached to these T&C or agreed separately and takes precedence insofar as it deviates from these T&C.
(3) The CUSTOMER is responsible for the lawfulness of the transfer of personal data to the PROVIDER and for the existence of a corresponding legal basis.
(4) Further information on the processing of personal data is contained in the PROVIDER’s privacy policy.
(5) To perform its services, the PROVIDER uses sub-processors, in particular hosting providers (currently Hetzner Online GmbH, data centres in Germany) and the AI and cloud providers named in § 9 (5). Agreements pursuant to Art. 28 GDPR exist or will be concluded with them. Insofar as personal data is transferred to third countries, in particular the USA, this takes place on the basis of an adequacy decision (e.g. the EU-US Data Privacy Framework, provided the recipient is certified), standard contractual clauses of the EU Commission (Art. 46 GDPR) and, in addition, on the basis of the CUSTOMER’s consent pursuant to § 9 (5).
(6) An up-to-date overview of the providers used and further information on data processing can be found in the PROVIDER’s privacy policy at calcora.io/datenschutzerklarung.
§ 17 Confidentiality
(1) The parties undertake to keep secret all confidential information and trade secrets of the other party that become known in the course of the business relationship, not to disclose them to third parties and to use them exclusively for contractual purposes.
(2) The CUSTOMER CONTENT is deemed confidential information of the CUSTOMER. The PROVIDER takes appropriate technical and organisational measures to protect it.
(3) The confidentiality obligation does not apply to information that is publicly known, has been lawfully obtained from third parties or must be disclosed on the basis of a statutory or official order. It continues for three (3) years after the end of the contract.
§ 18 Reference
(1) The PROVIDER is entitled to name the CUSTOMER as a reference customer, stating its name and company logo, on its website and in marketing materials. The CUSTOMER may object to this use at any time in text form.
§ 19 Force majeure
(1) Neither party is liable for non-performance or delayed performance of its obligations insofar as this is based on events of force majeure. Force majeure includes in particular natural disasters, epidemics and pandemics, war, terror, industrial action, official measures, large-scale failures of telecommunications or power networks and attacks on the IT infrastructure for which the affected party is not responsible.
(2) The affected party informs the other without delay. If the event lasts longer than sixty (60) days, both parties are entitled to terminate the affected contract with immediate effect.
§ 20 Amendments to the T&C
(1) The PROVIDER is entitled to amend these T&C with effect for the future insofar as this is necessary to adapt to changes in the law, case law or technical or economic conditions and the CUSTOMER is not unreasonably disadvantaged as a result.
(2) Amendments will be communicated to the CUSTOMER in text form at least six (6) weeks before they take effect. If the CUSTOMER does not object within six (6) weeks of receipt, the amended T&C are deemed accepted. The PROVIDER will separately point out the right to object and the consequences of silence in the notification. If the CUSTOMER objects, the PROVIDER is entitled to terminate the contract as of the date on which the amendment takes effect.
§ 21 Final provisions
(1) Amendments and additions to this contract require text form. This also applies to any amendment of this text-form requirement.
(2) The CUSTOMER is not entitled to transfer rights and obligations under this contract to third parties without the PROVIDER’s prior written consent. The PROVIDER is entitled to transfer the contract to an affiliated company in the course of a succession or restructuring.
(3) Should individual provisions of these T&C be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by one that comes closest to the economic intent.
(4) There are no side agreements. All agreements result from the contract, these T&C and any separately agreed annexes (in particular the data processing agreement, SLA, service description).
§ 22 Governing law and place of jurisdiction
(1) Austrian law applies exclusively, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The court in Vienna having subject-matter jurisdiction for the PROVIDER’s registered office is agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract. The PROVIDER is also entitled to sue the CUSTOMER at its general place of jurisdiction.