Please note that these are general terms of service and we advise customers to review their individual contract terms, if applicable.
Archilogic AG of Sonneggstrasse 76, 8006 Zurich, Switzerland ("Archilogic", "we", "us" or "our") operate an internet platform for three-dimensional, interactive representations and editing of architecture and design. Our services allow users to access our software applications made available as a service through our website to among other things convert 2D plans to 3D interactive models (“3D Model(s)”) along with other related functions and tools, as further described on our website and these Terms and are offered on a limited free trial or paid for basis according to the package subscribed to by you (“Services”). The following terms and conditions govern your access to and use of our Services and any free trials of such Services.
If you are using the Services as an individual you represent that you are at least 18 years of age and can form legally binding contracts and if you are using such Services on behalf of an organisation, you are agreeing to the Agreement for that organisation and representing that you have the authority to bind that organisation to the Agreement. In that case, “you” and “your” will refer to that organisation.
Capitalised terms not otherwise defined in the Agreement have the meanings given to them below:
Authorised User(s): has the meaning given in section 3.
Content: has the meaning given in section 5.
Initial Subscription Term: unless otherwise agreed in the applicable Order, the initial subscription period as indicated in the relevant Order for the Services.
Package: has the meaning given in section 2.
Services: has the meaning given in the first paragraph above.
Renewal Terms: has the meaning given in section 9.
Scope: the limits (in addition to those contained in these Terms) within which you can use the Services and the 3D Model(s) for the applicable Package purchased, and as detailed on the pricing section of our website (www.archilogic.com/#pricing) and your Order.
Subscription Fees: has the meaning given in section 8.
Subscription Term: the Initial Subscription Term and any Renewal Terms.
Trial Period: has the meaning given in section 9.
You / Your: means the entity / individual entering into these the Agreement.
Trial Service: Where you have registered for a limited free trial of our Services through our Website, you will have a limited, non-exclusive, non-transferable right to use such Services for the Trial Period and solely for testing and evaluation purposes. Such trial of the Services is provided “as is” and without any warranty and such sections 4 and 8 of these terms and conditions shall not apply to either party in respect of such trial of the Services. We may at our discretion provide certain support with your trial of the Services.
You may upgrade to the paid for Services at any time during the Trial Period upon executing an Order with us for the subscription to the Services in accordance with this Agreement.
Services: Archilogic provides the Services based on tier packages subscribed to and purchased by you, as detailed on the “pricing” section of our website, www.archilogic.com/#pricing (each a “Package”).
Your subscription to use any of the Services Packages allows for access to certain features and functionality, depending on the Package you have selected to subscribe to and purchase, as indicated in the applicable Order. Upon purchase of such Services Package you will register for a Services account and will pay the applicable Subscription Fees for the Package you have purchased, as set out in the Order, and in accordance with section 8 below. Where your use of the Services is in excess of the Scope of use limitation and restrictions for the relevant Package, You will, unless otherwise agreed by us in writing, be required to move to the relevant higher Package to accommodate such excess usage and pay the relevant fees for such Package. You may request to upgrade to a higher Package at any time during the Subscription Term, subject to payment of the applicable fees for such higher Package.
Service Access Rights: Where you have purchased a Services Package, subject to your compliance with the terms of the Agreement and in consideration of payment of the applicable Subscription Fees for such Package, we grant you and your [Authorised Users] a limited, non-exclusive, non-transferable right for the applicable Subscription Term to use the Services in accordance with the Scope of use for the applicable Services Package purchased by you and the terms of the Agreement and solely for your internal business operations or your personal and domestic purposes, as applicable.
Except as expressly set out in the Agreement or permitted by local law, you agree:
(a) not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs unless expressly agreed by us in writing. For the avoidance of doubt, this does not apply to the embedding of the 3D Model(s) into other websites or media or other acts of integration which are a normal feature of the Services, subject to the Scope and any other limitations set out in these Terms and the Order;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing;
(c) not to provide or otherwise make available the Services, in any form to any person, unless such provision is a normal feature of the Services);
(d) not to use the Services or any 3D Models created through the use of the Services for any illegal or unethical purposes or in any manner which may infringe or violate any third parties’ rights;
(e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Services; and
(f) to adhere to the Scope of use restrictions and conditions applicable to the relevant Package subscribed to by you. You further acknowledge that the Services Packages enable use of different features and services and agree to only use those features and services as permitted by your purchased Package.
Authorised Users: Where a Package has a maximum permitted number of users (“Authorised Users”), you undertake that you will not allow or cause access to or use of the Services by a number of persons which exceeds such maximum permitted Authorised Users. You agree that you shall ensure that such Authorised Users use the Services in accordance with the terms and conditions of the Agreement and shall be responsible for any such persons’ breach of the Agreement.
Excess Usage: If we discover that the number of Authorised Users using the Services has exceeded the applicable limit, or you have exceeded the Scope for the applicable Package, you shall be liable to pay us the fee which would have been charged based on your actual use from the date the applicable limit was exceeded.
3D Models: You acknowledge and agree that the 3D Models represent three-dimensional abstract models of the 2D plans and are not to be treated as exactly-to-scale for further processing, in particular, without limitation, the 3D Models must not be used for building constructions, building refurbishing, exact measurements, or any other use which requires exact measurements.
Availability: Archilogic will use its reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for maintenance services which may be carried out at any time, with or without notice. Access to the Services is provided on an “as is” and “as available” basis which means that we do not warrant the Services will be available, uninterrupted or error-free at all times, and we shall not be liable to you for failure of the same. In particular, you acknowledge that Services may be subject to limitations, delays and other problems inherent in the use of communication networks and facilities and we have no liability for any delay or failure to access the Services as a result of such problems.
Support: We offer certain support with your use of the services during Business Hours only and you may access “how to” links and/or contact us with support queries by clicking on the question mark(?) icon on our website
Account: You are responsible for maintaining the security of your Archilogic account. You and your [Authorised Users] must treat your and their chosen password as confidential and not disclose it to any third party. You are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must immediately notify Archilogic of any unauthorized use of your account or any other breaches of security. We have the right to disable your account and terminate the Agreement at any time if in our reasonable opinion you have failed to materially comply with any of Your responsibilities under section 3 and this section 5 of the Agreement.
Applicable laws: You will comply with all applicable laws and regulations in respect of your and, where applicable, your Authorised Users use of the Services.
Content: For any materials, data or information which you or your [Authorised Users] (as applicable) upload, input or require us to input on your behalf in your use of the Services (“Content”), including any 2D plans you upload or where you make use of a feature of the Services that allows you or your [Authorised Users] to import, upload, link to, present, share, embed or otherwise make material available to third parties through your use of our Services and the 3D Models (“share”), you must comply and ensure compliance with the below Content standards. You are responsible for the Content (including its legality, reliability, integrity, accuracy and quality) and agree to indemnify us for any loss or damage we suffer as a result of your breach of the below content standards.
You represent and warrant that any Content:
(a) will not infringe the proprietary rights, including but not limited to the intellectual property rights, of any third party;
(b) is accurate (where it states fact) and is genuinely held (where it states opinions);
(c) complies with applicable laws and regulations in any country from which the Content is posted;
(d) will not contain any material which is defamatory, obscene, offensive, hateful, inflammatory or illegal;
(e) will not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(f) will not promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) is not made or operated in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) will not violate the privacy or publicity rights of any third party; and
(i) is not likely to mislead any person, including into thinking that you are another person or company or as to the source of the Content (such as spoofing).
Archilogic has the right (though not the obligation) to, in Archilogic's sole discretion, refuse or remove any Content that, in Archilogic's reasonable opinion, violates any terms of the Agreement or is in any way harmful or objectionable or infringes or violates any third party’s rights. You acknowledge that we also have the right to disclose your identity to any third party who is claiming that any Content shared by you constitutes a violation of their intellectual property rights, or of their right to privacy.
Archilogic acknowledges that, as between you and Archilogic, you are the owner of the Content you share on or through the Services, (except for any Content or part thereof which is generally available publicly or through other sources separate to the Agreement).
In order to use the Services we require you to, and you hereby agree to, grant us and our third party service providers the non-exclusive, royalty-free, worldwide, perpetual, transferable right to use, reproduce, distribute, prepare derivative works of, display and perform the Content for and in connection with: (i) the operation of the Services; and (ii) generating and featuring the 3D Model on our Services; provided that such use after the expiration or termination of the Subscription Term does not include any of your personal data without your express written permission. You acknowledge and agree that we may use anonymised Content at any time for the purposes of providing our services to our customers. You warrant to us that you have all necessary rights and licenses to and applicable consents for the Content for the transfer to and use by us of such Content in accordance with the Agreement.
We are the owner or licensee of all intellectual property rights in our Services and the 3D Models (subject to section 6 above) and all related software, documentation and materials accessed through the Services, and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly stated herein or enabled by the proper operation of the Services, the Agreement does not grant you any rights to or in intellectual property rights or licences in respect of the Services.
Archilogic reserves the right to display attribution on the 3D Model(s) such as ‘Powered by Archilogic'. Any such attributions or other footer credits or attributes may not be altered or removed.
Subscription Fees: Unless otherwise agreed in the applicable Order, you agree to pay us the relevant fees for the Services Package you have selected to purchase which, depending on the relevant Package, will be either: (i) the monthly or yearly subscription fees for such Package, as applicable, payable in advance; or (ii) the “pay as you go” fees for such Package, where such option is offered by us, as indicated in the applicable Order (“Subscription Fees”). Details of those fees are as set out on the pricing sections of our website found at www.archilogic.com/#pricing. For monthly/yearly Subscription Fees, we will charge you for the first installment of such fees in advance on the date you first purchase a Package for the Services (“Initial Charge Date”). Thereafter we will charge you on each monthly or yearly anniversary of the Initial Charge Date (depending on the Package selected by you) for the duration of the Subscription Term. For any “pay as you go” fees, as applicable, you will be charged either at the time of each request or monthly in arrears for those Services used under such Package, as indicated in the applicable Order and are due immediately. Unless otherwise agreed by us in the applicable Order, all such payments and charges shall be made on your payment card in accordance with the payment section below.
Payment: You hereby authorize us to collect from your payment card, details of which you provide to us on the Initial Charge Date, the applicable Subscription Fees and any additional fees applicable to your use of the 3D Models and/or Services (as set out in the applicable Order) on the charge dates specified above. The Subscription Fees and any additional fees are: (a) payable in the currency specified at the time of purchase of the applicable Services Package; (b) unless otherwise stated in the Agreement, non-refundable; and (c) unless otherwise stated in the applicable Order, inclusive of any applicable sales or value added tax.
Suspension of Services: If we are unable to collect from your payment card the relevant amounts due within 10 days of the relevant due date, and without prejudice to any of our other rights and remedies:
(a) we may, without liability to you, disable your account and access to all or part of the Services and we shall be under no obligation to re-enable the same until such fees have been paid (including any interest where applicable); and
(b) interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
Fee changes: We reserve the right to change the fees, subject to providing you with sufficient notice of the fee change in advance (which shall be at least 10 days). Fee changes will take effect: (a) in the case of monthly Subscription Fee, at the start of the next subscription period; or (b) in the case of annual subscriptions, on the date notified to you with the fee being adjusted on a pro-rata basis and any additional fees owing to us being charged to your credit card. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the new fee.
If you change, upgrade or downgrade your Services Package, the fee change will take effect from the start of the next applicable subscription period.
Trial Period: Your right to trial the Service pursuant to paragraph 1 of section 2 shall commence upon the date you create a free trial account and shall continue for a period of 14 days (as may be extended upon our agreement in writing (which may be by email) Service(“Trial Period”).
Services Subscription Term: Your right to access and use the Services shall continue for the applicable Subscription Term unless terminated earlier in accordance with section 10. The Initial Subscription Term will renew for further periods which are the same as the Initial Subscription Term (“Renewal Term(s)”) unless terminated earlier in accordance with section 10.
Your Termination of Trial Services: You have the right to terminate the Trial Services for any reason and at any time. Simply cease using the Trial Services and deactivate your account.
Your Termination of Services: For Services you can change to different Packages or terminate the Services at any time following the instructions on our website or otherwise notifying us by email. Unless you are entitled to a refund under these terms and conditions or as required by applicable law (which cannot be excluded by us), fees paid in advance will not be refunded.
Non-Business Use: If you are using the Services as a consumer (as opposed to a business) and on a subscription basis, you may have a legal right to cancel your purchase of the Services or upgrade to a different Package as provided under applicable local law and receive a refund. If you wish to exercise this legal right, you must notify us of your decision to cancel the initial purchase or upgrade by a clear statement (e.g. a letter sent by post or e-mail) within 14 days (or such longer period as provided under applicable local law) from the date of requesting the purchase of the Services Package upgrade (“Cancellation Period”). We will reimburse you in accordance with the requirements of the applicable local law and using the same means of payment as you used for the initial transaction, unless agreed otherwise. We reserve the right to deduct an amount which is in proportion to those services that have been performed up until the point you communicate cancellation to us, in comparison to the full coverage of the relevant upgrade fee paid. In any event, you will not incur any fees as a result of the reimbursement.
This cancellation right is only available in respect of your first upgrade to each of the Packages. By creating a Services account and requesting an upgrade to a Package (as applicable) you are requesting immediate performance of the Agreement.
Mutual Termination Rights: Either party may terminate the Agreement in the event the other party:
(a) is in material breach of the Agreement and where such breach is capable of being remedied, fails to remedy the breach within 30 days’ notice of such breach; or
(b) voluntarily files a petition under bankruptcy or insolvency law; shall have a receiver or administrative receiver appointed over it or any of its assets; or if the other party shall become subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on business; or is subject to any analogous event or proceeding in any applicable jurisdiction.
Archilogic Termination Rights:
We may terminate the Agreement without cause in respect of your access to and use of the free trial of Services at any time upon notice to you.
We may further terminate the Agreement (for the trial of the Services and/or the Services) and remove your account information and data (including Content) from the Services in any of the following events: (i) the Services are discontinued; (ii) we lose the right to provide you with the Services; or (iii) where the provision of the Services or part of the Services becomes unlawful.
Your obligations upon termination: Upon termination or expiration of the Agreement for any reasons, you must (i) in the case of termination of the free trial of the Services, immediately cease use of and access to the Services, and/or (ii) in the case of termination of the Services, immediately cease use of and access to the Services and where applicable pay all fees due to Archilogic up to and including the date of termination or expiration.
Surviving provisions: All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Data Privacy: In this clause 11 “Personal Data” means data about an individual who can be identified either from that data or by combining the data with other information which we have access to.
Both of us must comply with all laws relating to the protection of Personal Data which apply to our respective businesses.
You warrant that you have the right to transfer your Personal Data to us so that we may lawfully use, process and transfer it in accordance with the Agreement on your behalf.
To the extent you upload any Content through your use of the Services containing Personal Data and we are deemed to be a processor of such Personal Data, we will:
(a) process such Personal Data in accordance with your instructions and only as necessary for the provision of the Services to you;
(b) take reasonable appropriate technical and organisational measures against unauthorised or unlawful processing of the Personal Data or its accidental loss, destruction or damage as is appropriate to the harm that might result;
(c) ensure that anyone who has access to and/or processes Personal Data is obliged to keep it confidential;
(d) not transfer the Personal Data outside of the European Economic Area without ensuring adequate measures are in place to protect the Personal Data as required by applicable data protection laws;
(e) notify you promptly and without undue delay if we become aware of a breach of security which has resulted in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to Personal Data;
(f) if you ask us to and in any event on termination of the Agreement, delete or return to you all copies of the Personal Data;
(g) provide you with reasonable assistance and information to allow you to comply with your obligations under applicable data protection laws;
(h) maintain complete and accurate records and information to show we have complied with this clause 11; and
(i) permit you (or your third party auditor) to audit our compliance with these terns on giving reasonable notice to us, provided that any third party auditor mandated by you to conduct such audit has entered into confidentiality undertakings which are satisfactory to us and you use reasonable endeavours to ensure that any such audit is designed to minimise disruption to our business.
Where we are acting as a processor of your Personal Data, you consent to us using subcontractors to process your Personal Data as long as:
(a) we let you know if we are going to change one of them at least ten (10) days before we do so;
(b) we ensure that they are subject to terms which comply with applicable law regarding the protection of Personal Data; and
(c) we remain liable for any breach of this clause 11 by them.
Back Up: You acknowledge and agree that we are not responsible for backing up the Content and for this reason, we ask that you keep your own copy of all such Content at all times.
To the maximum extent permitted by law, in addition to the disclaimer of warranties set out in section 4 we make no warranties that defects in the Services will be corrected or that the Services or the server that makes the Services available is free of viruses or anything else which may be harmful or destructive.
You acknowledge that the Services has not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the Services meet your requirements. You assume full responsibility for results obtained from the use of the Services, and from conclusions drawn from such use, including damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with your use of the Services or any actions taken by us at your direction.
To the fullest extent permitted by law, Archilogic hereby disclaims all other warranties, representations, conditions and all other terms of any kind implied by statute or common law.
To the fullest extent permitted by law, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for (i) any special, indirect or consequential loss or damages, (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) loss of profits, loss of business or depletion of goodwill, arising out of or in connection with the Agreement.
To the fullest extent permitted by law, in addition to the other exclusions set out in this section 13, We shall have no liability:
(a) for any other third party products or services accessed and/or used by you through the Services;
(b) where any failure to provide the Services is caused by a network, hardware or software fault in equipment which is not under our control;
(c) for your acts or omissions;
(d) for your use of the Services in breach of the Agreement;
(e) for your use of the 3D Model when not hosted via our Services; or
(f) for any unauthorized access to the Services including a malicious security breach.
To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with the performance or contemplated performance of the Agreement shall be the higher of: (a) the total fees paid by you to us under the Agreement during the twelve (12) month period prior to the date the cause of action arose; or (b) $100.
Nothing in the Agreement excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.
You assume sole responsibility for results obtained from your use of the Services and 3D Models, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or materials provided to us by you in connection with the Services or any actions taken by us at your direction.
You agree to defend, indemnify and hold harmless Archilogic from and against any and all claims, losses, damages, expenses and costs, including without limitation reasonable court costs and legal fees, arising out of or in connection with your use of the Services in violation of the Agreement.
This Agreement may be changed by us from time to time. Changes will be effective immediately upon posting of the updated Agreement on this web page. Where appropriate (such as a variation to fees), we will also provide advance notification to you by e-mail. You are responsible for ensuring you are familiar with the latest version of the Agreement. Continuing to use the Services after the change takes effect represents your agreement to be bound by the Agreement as amended.
Archilogic may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Unless we notify you otherwise, such new features and/or services will be subject to new terms and conditions of the Agreement.
Transfer: We may transfer our rights and obligations under the Agreement to another organisation, but this will not affect your rights or our obligations under the Agreement. You may only transfer your rights or obligations under the Agreement to another person if we agree in writing.
Waiver: If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Severability: Each of the terms and conditions of the Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Governing law and Jurisdiction: Please note that the Agreement, its subject matter and its formation, are governed by substantive Swiss law excluding conflict of law rules. You and we both agree that the courts of Zurich, Switzerland shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement.
Last Updated: June 10, 2019