Last updated: July 2026
These Terms and Conditions ("Terms") govern the use of Vianta PLP (Product Lifecycle Profitability), a cloud-based software-as-a-service solution ("Service"), provided by Vianta GmbH ("Vianta", "we", "us", or "our") to the customer ("Customer", "you").
By accessing or using the Service, the Customer agrees to be bound by these Terms. If the Customer is entering into these Terms on behalf of an organization, the Customer represents that they have the authority to bind that organization.
Vianta offers the Service exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e., to legal entities, partnerships, or natural persons acting in the exercise of their commercial or independent professional activity, as well as to public-sector entities. By entering into these Terms, the Customer represents and warrants that it is an entrepreneur and not a consumer within the meaning of § 13 BGB. The standard terms and conditions of the Customer shall not apply, even if Vianta has not expressly objected to their application.
1. Definitions
"Authorized Users" means individuals who are authorized by the Customer to access and use the Service under the Customer's subscription.
"Customer Data" means any data, information, or material uploaded, submitted, or otherwise provided by the Customer or its Authorized Users to the Service.
"Documentation" means the user guides, technical documentation, and other materials provided by Vianta describing the functionality and use of the Service.
"Service" means the Vianta PLP cloud-based software-as-a-service platform, including all features, updates, and enhancements made available to the Customer during the subscription term.
"Subscription Term" means the period during which the Customer is entitled to access and use the Service, as specified in the applicable order form or agreement.
2. Scope of Service
2.1 Service Description
Vianta PLP is a cloud-native SaaS solution for product lifecycle profitability analysis, product costing, simulation, and optimization. The Service is hosted on SAP Business Technology Platform (SAP BTP) and leverages SAP HANA Cloud for high-performance calculations.
2.2 Service Availability
Vianta aims to provide the Service with an availability of 99.5% per calendar month, measured as monthly uptime percentage, excluding planned maintenance windows. Planned maintenance will be communicated at least 48 hours in advance and will, where possible, be scheduled outside of regular business hours (CET).
2.3 Third-Party Software
Where the Service is integrated with or connected to third-party software (including, but not limited to, SAP S/4HANA, SAP BTP, or other ERP systems), the Customer is solely responsible for obtaining and maintaining the required licenses and usage rights for such third-party software. Vianta is not responsible for the availability, licensing, or functionality of any third-party software.
2.4 Updates and Enhancements
Vianta continuously develops the Service and may release updates, patches, and new features during the Subscription Term. Updates that do not materially reduce the functionality of the Service will be deployed automatically. Vianta will provide reasonable advance notice for material changes.
3. Customer Obligations
3.1 Account Security
The Customer is responsible for maintaining the confidentiality of login credentials for all Authorized Users, ensuring that Authorized Users comply with these Terms, and promptly notifying Vianta of any unauthorized access to the Service.
3.2 Cooperation and Support
The Customer shall support Vianta in the provision of the Service by providing complete, accurate, and timely data, information, and documentation required for setup, configuration, and ongoing use of the Service; designating a qualified contact person who is authorized to make decisions and provide information on behalf of the Customer; ensuring that its employees and Authorized Users involved in using the Service are adequately trained and instructed; and granting Vianta the necessary access and authorizations to the Customer's systems where required for integration, support, or troubleshooting purposes. If the Customer fails to fulfill its cooperation obligations and this results in additional effort, delays, or quality impairments, the Customer shall bear the resulting costs at the rates specified in the applicable order form or, in the absence of such rates, at Vianta's then-applicable standard rates as communicated to the Customer upon request.
3.3 Acceptable Use
The Customer agrees not to use the Service for any purpose that is unlawful or prohibited by these Terms, attempt to gain unauthorized access to the Service or its related systems, reverse engineer, decompile, or disassemble the Service (except to the extent expressly permitted by mandatory applicable law), resell, sublicense, or make the Service available to third parties without Vianta's prior written consent, or use the Service to offer data processing services to third parties or otherwise make the Service's functionality available to parties other than the Customer's Authorized Users.
3.4 Customer Data
The Customer retains all rights to Customer Data. The Customer is solely responsible for the accuracy, quality, and legality of Customer Data and the means by which it is collected. The Customer grants Vianta a limited right to process Customer Data solely for the purpose of providing the Service.
4. Intellectual Property
4.1 Vianta IP
All intellectual property rights in and to the Service, including software, algorithms, user interfaces, documentation, and trademarks, remain the exclusive property of Vianta GmbH. These Terms do not grant the Customer any ownership rights in the Service.
4.2 License Grant
Subject to these Terms and payment of applicable fees, Vianta grants the Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term for the Customer's internal business purposes.
4.3 Feedback
If the Customer provides suggestions, ideas, or feedback regarding the Service (including through participation in the Co-Innovation Council), Vianta may freely use such feedback without restriction or obligation to the Customer.
5. Data Protection and Security
5.1 Data Processing
Vianta processes Customer Data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Where Vianta processes personal data on behalf of the Customer, the parties shall enter into a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR prior to the commencement of such processing. The DPA is available upon request at info@vianta.io.
5.2 Data Location and Access
Customer Data is processed and stored within the European Union on SAP BTP infrastructure. Access to Customer Data is restricted to employees of Vianta GmbH and its group companies, as well as subcontractors, in each case only to the extent necessary for the provision, maintenance, or support of the Service and subject to appropriate confidentiality obligations. Where access occurs from outside the European Union, Vianta ensures that appropriate safeguards in accordance with Chapter V GDPR are in place. Further details are set out in the applicable Data Processing Agreement.
5.3 Security Measures
Vianta implements appropriate technical and organizational measures pursuant to Art. 32 GDPR to protect Customer Data, including encryption of data in transit and at rest, role-based access controls, regular security assessments and penetration testing, and audit logging of data access and changes.
5.4 Data Portability
Upon termination of the Subscription Term, Vianta will, at the Customer's request, make Customer Data available for export in a standard machine-readable format within 30 days. After this period, Vianta will delete Customer Data from its systems, unless retention is required by law.
5.5 Subcontractors
Vianta may engage subcontractors (including group companies) for the provision of the Service. Vianta shall ensure that subcontractors are bound by confidentiality and data protection obligations no less protective than those in these Terms. Vianta remains responsible for the performance of its obligations under these Terms regardless of the use of subcontractors.
6. Fees and Payment
6.1 Subscription Fees
Fees for the Service are specified in the applicable order form or subscription agreement. Unless otherwise agreed, fees are quoted in Euros (EUR) and are exclusive of applicable value-added tax (VAT).
6.2 Payment Terms
Invoices are due within 30 days of the invoice date. Late payments may incur interest at a rate of 9 percentage points above the base interest rate of the European Central Bank (§ 288(2) BGB).
6.3 Fee Adjustments
Vianta may adjust fees upon renewal of the Subscription Term with at least 90 days' prior written notice. If the Customer does not agree to the adjusted fees, the Customer may terminate the subscription at the end of the then-current term.
7. Warranties and Limitations
7.1 Service Warranty
Vianta warrants that the Service will perform materially in accordance with the Documentation during the Subscription Term. In the event of a material defect, Vianta will use commercially reasonable efforts to correct the defect within a reasonable period.
7.2 Disclaimer
Vianta does not warrant that the Service will meet the Customer's specific requirements beyond what is described in the Documentation, or that the Service will operate uninterrupted or error-free at all times. Representations in the Documentation do not constitute a guaranteed quality (zugesicherte Eigenschaft) unless expressly designated as such in writing.
7.3 Limitation of Liability
To the maximum extent permitted by applicable law:
- Vianta's total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim.
- Vianta shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities.
Exceptions: The limitations in this section do not apply to liability arising from intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit); breach of essential contractual obligations (Kardinalpflichten) — in which case liability is limited to the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim; injury to life, body, or health; mandatory liability under the German Product Liability Act (Produkthaftungsgesetz); or liability for damages arising from breaches of the EU General Data Protection Regulation (GDPR), in particular Art. 82 GDPR, to the extent such liability cannot be limited by contract.
7.4 Indemnification
The Customer shall indemnify and hold harmless Vianta from any third-party claims arising from Customer Data, the Customer's breach of these Terms, or the Customer's violation of applicable law.
Vianta shall indemnify and hold harmless the Customer from any third-party claims alleging that the Service, as provided by Vianta, infringes the intellectual property rights of a third party, provided that (a) the Customer promptly notifies Vianta in writing, (b) the Customer grants Vianta sole control over the defense, and (c) the Customer provides reasonable cooperation. Vianta's indemnification obligation does not apply to the extent the claim arises from Customer Data, modifications made by the Customer, or use of the Service in combination with third-party products not approved by Vianta.
8. Term and Termination
8.1 Subscription Term
The initial Subscription Term is specified in the applicable order form. Unless either party provides written notice of non-renewal at least 90 days before the end of the then-current term, the subscription renews automatically for successive periods of the same duration.
8.2 Termination for Cause
Either party may terminate these Terms with immediate effect if the other party commits a material breach of these Terms and fails to cure such breach within 30 days of receiving written notice, or the other party becomes insolvent, enters liquidation, or ceases to conduct business.
8.3 Effects of Termination
Upon termination, the Customer's right to access and use the Service ceases immediately. Vianta will make Customer Data available for export for 30 days following termination (see Section 5.4). Sections that by their nature should survive termination (including Sections 4, 5, 7, 9, 10, and 11) will survive.
9. Confidentiality
9.1 Confidential Information
Each party agrees to treat as confidential all non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
9.2 Exceptions
Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without restriction, is independently developed by the receiving party, or is rightfully obtained from a third party without restriction
9.3 Duration
Confidentiality obligations survive for 3 years after termination of these Terms, except for trade secrets, which remain protected for as long as they qualify as such under applicable law.
10. Reference Rights
The Customer grants Vianta the right to identify the Customer as a user of the Service in Vianta's marketing materials, including on its website, in presentations, press releases, and case studies. Vianta will not disclose confidential business details of the Customer without prior written consent. The Customer may revoke this right at any time by written notice to Vianta.
11. Non-Solicitation
During the term of these Terms and for a period of 12 months following their termination, neither party shall, without the prior written consent of the other party, directly solicit or recruit any employee of the other party who has been materially involved in the performance or use of the Service. This restriction does not apply to general recruitment measures (e.g., public job postings) that are not specifically directed at the other party's employees.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 Jurisdiction
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Heidelberg, Germany, unless a different mandatory jurisdiction applies by law.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with any applicable order forms and the Data Processing Agreement, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements and understandings.
13.2 Amendments
Vianta may amend these Terms to reflect changes in applicable law or regulatory requirements, to incorporate updates to the Service that do not materially reduce its core functionality, or to clarify ambiguous provisions without altering the parties' rights and obligations. Vianta will notify the Customer of any such amendments at least 60 days in advance. Amendments that materially affect the Customer's rights, obligations, or fees require the Customer's express written consent. If the Customer does not agree to an amendment, the Customer may terminate the subscription before the amendment takes effect.
13.3 Assignment
The Customer may not assign or transfer these Terms without Vianta's prior written consent. Vianta may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.
13.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the commercial intent of the original.
13.5 Force Majeure
Neither party shall be liable for failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failure of third-party telecommunications or power supply.
14. Contact
For questions about these Terms, please contact:
Vianta GmbH
Langer Anger 7-969115 HeidelbergGermany
Contact
Phone: +49 176 70750335Email: info@vianta.io
