Please note that these are general terms of service and we advise customers to review their individual contract terms, if applicable.
Archilogic AG of Kanzleistrasse 126, 8004 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 floor plans to 3D interactive models along with other related functions and tools as further described on our website subject to and in accordance with the relevant Plan subscribed to by you, and including, where purchased, Add-ons (“Services”). The following terms and conditions govern your access to and use of the Services subscribed to by you.
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 this Agreement for that organisation and representing that you have the authority to bind that organisation to this Agreement. In that case, “you” and “your” will refer to that organisation.
Capitalised terms not otherwise defined in Agreement have the meanings given to them below:
Active Scene(s): those Scenes which are in use by you through the Service and which have not been set to ‘archived’ by you. Active Scenes also includes any previously Archived Scenes which have been reset to active use by you.
Add-Ons: the custom features for the Services purchased by you as further described in the relevant Plan and Order.
Authorised User(s): has the meaning given in section 3.
Archived Scene(s): means those Scenes which are not in use by you and which have been set to ‘archive’ by you.
Business Hours: means 09.00 (CET) to 18:00 (CET on a Monday to Friday (excluding public holidays in Switzerland.
Content: has the meaning given in section 5.
Initial Subscription Term: unless otherwise agreed in the applicable Order, the initial subscription period of 12 months for the Services, except for the Starter Services.
Order: has the meaning given in the first paragraph above.
Plans: has the meaning given in section 2.
Renewal Terms: has the meaning given in section 9.
Scene(s): the scene structure provided through your use of the Service, for example, in the form of a 3D interactive model or a 2D floor plan, which is generated from the Customer Content. Scenes can be set as Archived Scenes by the Customer when not in use;
Scope: the limits within which you can use the Services and/or the Scenes) for the applicable Plan purchased (and the number of Scenes included in such Plan (if any), and as detailed on the “Pricing” page of our website https://www.archilogic.com/pricing and your Order.
Services: has the meaning given in the first paragraph above.
Starter Services: has the meaning given in section 2.
Starter Services Term: has the meaning given in section 9.
Subscription Fees: has the meaning given in section 8.
Subscription Term: means (i) for the Starter Services, the Starter Services Term or (ii) for all other Plans for the Services, the Initial Subscription Term and any Renewal Terms.
Supplemental Fees: those fees payable by you for Add-Ons (where applicable) and/or Scenes (for the Starter Service and/or for those Scenes which are in excess of the maximum number of permitted Scenes for the relevant Plan) which are in addition to the relevant Subscription Fees for your subscription to the Service, as further detailed in the relevant Plan purchased by you.
Plans: We provide the Services based on tier plans subscribed to by you, as detailed on the “pricing” page of our website, https://www.archilogic.com/pricing (each a “Plan”). We offer a Starter Plan for the Services where your subscription to access and use such version of the Services is free of charge to create paid for Scenes in accordance with this Agreement, as further described in the Starter Plan and your Order (“Starter Services”). References to the Services throughout this Agreement shall also mean the Starter Services as the context requires (unless otherwise stated). Archived Scenes will not count towards your relevant permitted Scenes.
Services: Subject to your compliance with the terms of this Agreement and in consideration of payment of the applicable Subscription Fees for such Plan and/or the Active Scenes, as applicable, we grant you and your Authorised Users (where applicable) a limited, non-exclusive, non-transferable right for the applicable Subscription Term to use the Services and Scenes in accordance with the Scope of use for the applicable Services Plan purchased by you and the terms of this Agreement and solely for your internal business operations or your personal and domestic purposes, as applicable
Starter Services Plan: Where you have subscribed to the Starter Services Plan, as indicated in the relevant Order, your subscription to access the Starter Service will be free of charge for up to the permitted number of Active Scenes as set out in the Plan, but you will be charged for and pay the relevant Supplemental Fees for any Scenes created through your use of such Starter Service and any Add-Ons, as applicable. Any Scenes created through the Starter Service will be available to access through the Starter Service for a maximum period of 12 months from the date of creation. You may upgrade to any of other “paid for” subscription versions of the Service at any time by executing an Order with Archilogic for the subscription to the relevant paid for version of Service in accordance with the Agreement.
3. Use Restrictions
Except as expressly set out in this 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;
(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 Scenes 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 Plan subscribed to by you. You further acknowledge that the Service Plans enable use of different features and services and agree to only use those features and services as permitted by your purchased Plan
Authorised Users: Where a Plan 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 this Agreement and shall be responsible for any such persons’ breach of this Agreement. If we discover that the number of Authorised Users using the Services has exceeded the applicable limit, 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.
Scenes: You acknowledge and agree that the Scenes represent abstract models of the provided Content and are not to be treated as exactly-to-scale for further processing, in particular, without limitation, the Scenes must not be used for building constructions, building refurbishing, exact measurements, or any other use which requires exact measurements.
No Reselling: You are expressly prohibited from reselling any of the Services and/or any other of Archilogic’s services or products without Archilogic’s express written consent.
4. Services Availability and Support
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 our help center (https://help.archilogic.com/knowledge) or contact us through the email icon in your dashboard.
5. Your Responsibilities
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 this 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 floor 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 Scenes (“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:
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 this 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.
6. Our Rights to the Content
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 this 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 this Agreement.
7. Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services and the Scenes (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, this 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.
8. Subscriptions and payment
Fees: Unless otherwise agreed in the applicable Order, you agree to pay us the relevant fees for the Services Plan you have selected to purchase which, depending on the relevant Plan, will be (i)the monthly or yearly subscription fees for such Plan (except the Starter Plan), as applicable, payable in advance (“Subscription Fees”); and/or (ii) the Supplemental Fees for Add-Ons for the relevant Plans (as applicable) and/or for each additional Scene created through the Service (Subject to your relevant Plan, and as indicated in the applicable Order). Details of those fees are as set out on the Pricing page of our website found at https://www.archilogic.com/pricing. For monthly/yearly Subscription Fees we will charge you for the first instalment of such fees in advance on the date you first purchase a Plan 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 Plan selected by you) for the duration of the relevant Subscription Term. Except as otherwise specified in your Order for any Supplemental Fees, you will be charged either at the time of each request for Add-Ons and/or Scenes, or monthly in arrears for those Services used under such Plan, as indicated in the applicable Order and Plan and such fees are due immediately. Payment method (whether invoice or by payment card) will be indicated in the applicable Order and all such payments and charges shall be made in accordance with the payment section below.
Payment: Where payment is by payment card, 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 Scenes and/or Services, including without limitation any Supplemental Fees (as set out in the applicable Order) on the charge dates specified above. The Subscription Fees and any Supplemental Fees are: (a) payable in the currency specified at the time of purchase of the applicable Services Plan; (b) unless otherwise stated in this Agreement, non-refundable (except in the case of your statutory rights where you are a non-business user or where we state otherwise in the Order process); and (c) unless otherwise stated in the applicable Order, inclusive of any applicable sales or value added tax. In the event we agree to invoice with specific payment terms and/or bank transfer, this will be indicated in the Order and payment of invoices will be due immediately upon receipt unless specified otherwise on the Invoice.
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:
Fee changes: We reserve the right to change the fees, subject to providing you with sufficient notice of the fee change in advance. Subscription Fee changes will take effect: (a) in the case of monthly Subscription Fee, at the start of the next subscription period; or (b) from the start of the annual subscription commencing immediately after the date of the price change notification. Supplemental Fees changes shall take effect on the date of notification to you (except for any already ordered Add-Ons and/or Scene which shall not be affected). 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 Plan, the fee change will take effect from the start of the next applicable subscription period.
9. Subscription Term
Services Subscription Term: Your right to access and use the relevant Services subscribed to by you shall continue for the applicable Subscription Term, unless terminated earlier in accordance with section 10.
Starter Services Term: For each Scene created through the Starter Service, you may access such Scene through the Starter Services for a maximum of 12 months from the date of creation and your right to use the Starter Services will continue until all such Scenes terms have expired, unless otherwise terminated in accordance with section 10 below (“Starter Services Term”). For the Starter Services, the “Subscription Term” shall mean the Starter Service Term.
Services Subscription Term (other than Starter Service): The Initial Subscription Term for the Services (except for the Starter Services) will renew automatically for further periods which are the same as the Initial Subscription Term (“Renewal Terms”) unless terminated earlier in accordance with section 10.
10. Termination Rights and Refunds
Your Termination of Services: You can change to different Plans 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 Plan 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 subscribing to our Services Plan(“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 Plans. By creating a Services account and/or requesting an upgrade to a Plan (as applicable) you are requesting immediate performance of this Agreement.
Mutual Termination Rights: Either party may terminate this Agreement in the event the other party:
Archilogic Termination Rights:
We may terminate this Agreement without cause in respect of your access to and use of (i) the Starter Services at any time upon notice to you (subject to the right to continue using relevant Scenes according to the “Termination Obligations” section below) or (ii) the other Services prior to the start of the relevant Renewal Term.
We may terminate this Agreement 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.
Termination Obligations: Upon termination or expiration of the Agreement for any reasons, you must immediately cease use of and access to the Services and pay all fees due to Archilogic up to and including the date of termination or expiration, but, subject to our right to terminate for your breach of the terms of this Agreement, you may continue to use the Starter Service solely for the purposes of accessing and using your Scenes for the remainder of the relevant Starter Services Term, provided that the termination was not due to your breach of this Agreement and you have paid for all Supplemental Fees for such Scenes.
Surviving provisions: All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Privacy and Content Security
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 this 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:
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:
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.
12. Disclaimer of Warranties
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 have 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.
13. Limitation of Liability
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 this Agreement.
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 this Agreement shall be the higher of: (a) the total fees paid by you to us under this Agreement during the twelve (12) month period prior to the date the cause of action arose; or (b) $100.
Nothing in this 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 Scenes, 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 this Agreement.
15. Changes to this 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 this Agreement.
16. Other Important Terms
Transfer: We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
Waiver: If we fail to insist that you perform any of your obligations under this 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 this 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 this 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 this Agreement.
Last Updated: June 01, 2021