Archibites’ products and services are owned and operated by Archibites Pty Ltd (ABN 74 678 168 208) (“Archibites”).

These Terms of Use form an Agreement between Archibites and Customer in connection with the Customer’s use of Archibites’ products and services. “Customer” and/or “you” means the entity on behalf of which this Agreement is accepted. Additional definitions are set out in Clause 19.

If you (the person accepting this Agreement) are accepting this Agreement on behalf of your employer or another entity, you agree that;

(a) you have full legal authority to bind your employer or such other entity to this Agreement; and

(b) you agree to this Agreement on behalf of your employer or such other entity.

If you are accepting this Agreement using an email address from your employer or another entity, then:

(a) you will be deemed to represent that entity;

(b) your acceptance of this Agreement will bind your employer or that entity to these terms; and

(c) the word “you” or “Customer” in this Agreement will refer to your employer or that entity.

You should read this Agreement carefully. It applies to your use of and access to the Products and Support Services.

By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of placing an Order or by using and/or accessing the Products and/or Support Services, you confirm you are bound by this Agreement. If you do not wish to be bound by this Agreement, do not place an Order, click “Agree” (or similar button or checkbox), or use and/or access the Products and Support Services.

1.0 Overview

1.1 Archibites develops digital products and tools for use in Graphisoft’s architectural BIM CAD software, Archicad (“Products”).

1.2 This Agreement applies to Customer’s Orders for, access to, and use of Products and related Support Services.

1.3 This Agreement may be amended by Archibites from time to time. Archibites will use reasonable efforts to ensure that any changes to this Agreement are made available to you not less than 30 days prior to taking effect. Your continued use of Products and/or Support Services following the date such amended terms take effect will be deemed to be acceptance of any amended terms. If you do not agree to the amended terms or to any update to this Agreement, your sole recourse is to cease using Products and/or Services in accordance with this Agreement.

2.0 Ordering Process and Access to Products

2.1 To place an Order, the Customer must register an account via the Website by providing Archibites with the requested Registration Data. Use of paid versions of Products is subject to completion of an Order.

2.2 All Orders must be placed via the Website. To complete an Order, the Customer must provide Archibites with all information required on the Order Form, including the version of Archicad that the use of Products will attach to. For the avoidance of doubt, Products will only interoperate with the nominated version of Archicad and if the Customer ceases to use the nominated version of Archicad it will no longer be able to use or access the Products. No refunds are offered where the Customer elects to change versions of Archicad.

2.3 Customers must pay for an Order at the time they place the Order. Payment can be made by using the payment options provided at time of checkout on the website and will be processed by Archibites’ payment services provider and subject to their terms and conditions.

2.4 No Order is binding until Archibites provides its acceptance by sending a confirmation email to the email address linked to the Account from which the Order was placed .

2.5 The Products will be accessible on the Archibites ‘my account’ page to the nominated Customer within 1 Business Days from the date Archibites confirms the Order .

2.6 The Support Services will be available via the Customer’s Account and Website from confirmation of an Order.

3.0 Use of Products

3.1 Archibites may offer various use, subscription, and purchase options in respect of its Products from time to time, including but not limited to:

(a) free or freemium usage (see clause 4 below);

(b) by subscription; or

(c) by individual purchase.

3.2 For purchasers of a subscription: Subject to this Agreement and during an applicable Subscription Term, Archibites grants Customer a revocable, royalty-free, non-exclusive, non-transferable, non-assignable, worldwide right to access and use the Products and related Support Services and Maintenance Updates in accordance with the relevant Scope of Use.

3.3 For purchasers of a individual license: Subject to this Agreement Archibites grants Customer a royalty-free, non-exclusive, non-transferable, non-assignable, worldwide right to access and use the Product and related Support Services Maintenance Updates in accordance with the terms of the relevant Scope of Use. The license is not locked to a specific version(s) of Archicad however compatibility to any version(s) not listed on the product page is not guaranteed and may require an updated license to be purchased.

3.4 [intentionally left empty]

3.5 Customer must:

(a) only access and use Products and Support Services in accordance with this Agreement and the relevant Scope of Use; and

(b) procure all necessary rights, consents, authorisations, services and products from third parties which are required from time to time for Customer to access and use Products including, without limitation, a subscription or other valid licence to access and use Archicad (“Third Party Services”).

3.6 Customer will comply, and will ensure that each User complies, with the User Rules set out in Clause 5 and the terms and conditions of any Third Party Services. Customer acknowledges that it is liable to Archibites for the acts, omissions, defaults, and negligence of Users and all other persons who gain access to and use Products and/or Support Services through Customer as if they were the acts, omissions, defaults, or negligence of Customer.

3.7 Customer agrees that it will not permit Users from any other company or in excess of the Maximum User Number as set out in a relevant Scope of Use to access or use the Products and/or Services.

3.8 Customer agrees that Archibites may monitor Customer’s and Users’ use of Products for any purpose, including ensuring compliance by the Customer with the terms of this Agreement and relevant Scope of Use.

4.0 Free or Beta Products

4.1 Customer may receive access to certain Products or Support Services on a free, fully discounted or trial basis, or as an alpha, beta or early access offering (“Free or Beta Products”). Use of Free or Beta Products is subject to this Agreement and any additional terms specified by Archibites from time to time.

4.2 At any time, Archibites may terminate or modify Customer’s use of (including applicable terms) Free or Beta Products or modify Free or Beta Products, without any liability to Customer. For modifications to Free or Beta Products or Customer’s use, Customer must accept those modifications to continue accessing or using the Free or Beta Products.

4.3 Free or Beta Products may be inoperable, incomplete or include errors and bugs or features that Archibites may never release, and their features and performance information are Archibites’ Confidential Information.

4.4 Notwithstanding anything else in this Agreement, to the maximum extent permitted by law, Archibites provides no warranty or indemnity for Free or Beta Products and its aggregate liability for Free or Beta Products is capped at $1.00.

5.0 User Rules

5.1 Customers must not and must ensure that their Users do not:

(a) commit any act that would constitute a breach of either the privacy (including uploading to or otherwise enabling a Product to collect private or personal information without an individual’s consent) or any other of the legal rights of individuals;

(b) attempt to undermine the security or integrity of Archibites’ systems or networks or, where a service is hosted or provided by a third party, that third party’s system or network;

(c) make any use of a Product which is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or which constitutes a breach of any other of the legal rights of individuals (including with respect of the Spam Act);

(d) use, or misuse, a Product in any way which may impair the functionality of the Product, any Archibites system, or any other network or system used to deliver the Product;

(e) attempt to gain unauthorised access to any materials or functionality of a Prouct other than those to which the Customer has been given express permission to access;

(f) transmit or input into a Product:

(i) any files that may damage the product or any other person’s computing device or software; or

(ii) any illegal or offensive content or content that otherwise infringes any law or regulation; or

(g) attempt to modify, copy, adapt, reproduce, disassemble, decompile, create derivative works from or reverse engineer any computer programs used to deliver the Product, or any of Archibites’ other products or services.

5.2 Customers must ensure that all Product usernames and passwords are kept secure and confidential. Customers must immediately notify Archibites of any unauthorised use of a username or password or any other breach of security.

6.0 Fees and Payment

6.1 Certain Products and/or Support Services may be available free of charge and with any limitations or restrictions on functionality as determined by Archibites.

6.2 Where Customer is required to pay fees to access and use Products and Support Services, Customer will do so at the time of placing an Order, or where Products are accessed on a Subscription basis, at the time of placing an Order and on each renewal date.

6.3 Customer is responsible for paying any GST, value added tax, or sales tax, and all other applicable taxes and charges in connection with Customer’s Orders and access to and use of Products and Support Services.

6.4 All fees and other amounts referred to in this Agreement are in Australian Dollars unless otherwise specified and all amounts payable under this Agreement must be paid in Australian Dollars unless otherwise specified. Unless otherwise prohibited by law, Customer is responsible for all:

(a) foreign exchange charges, bank changes and transfer fees applicable in respect of all payments made under this Agreement; and

(b) costs, expenses, charges and fees of any Third Party Service.

6.5 Unless otherwise specified in an Order and subject to the Products and Support Services continuing to be generally available, at the end of a Subscription Term, Customer’s right to access and use the Products and Support Services will automatically renew for a period equal in length to the Subscription Term at Archibites then current rates and terms available on the Website and the Customer authorises Archibites to charge the Customer’s nominated payment method the applicable Subscription fees at that time.

6.6 At least 30 days prior to the end of a Subscription Term, Archibites will contact Customer to remind them that the Subscription Term will automatically renew at the end of the then current Subscription Term .

6.7 Either party may elect not to renew a Subscription Term by giving notice to the other party before the end of the current Subscription Term. Customer must provide any notice of non-renewal through its Account or by contacting Archibites directly at [support@archibites.tech].

6.8 If Customer elects not to renew a Subscription, at the end of the current Subscription Term the Customer’s permitted use of the relevant Products and/or Support Services will automatically default to the then-current free version of the relevant Products and/or Support Services, if a free version is offered by Archibites at that time. If no free version is offered at that time the Customer’s right to access and use the Product will cease.

6.9 Customer may increase its Scope of Use, such as by increasing the Maximum User Number by placing an updated Order via the Website. Unless otherwise specified in the applicable Order, Archibites will charge Customer for any increased Scope of Use at Archibites’ then-current rates, prorated for the remainder of the then-current Subscription Term.

6.10 All fees and other amounts referred to in this Agreement are non-refundable, except as otherwise provided in this Agreement.

6.11 If Customer uses a credit or debit card or similar online payment method for its initial Order, then Archibites may bill that payment method for renewals, additional Orders, overages to scopes of use, as applicable.

6.12 Archibites may suspend Customer’s rights to access and/or use Products or receive Support Services if payment of any amount under this Agreement is overdue. Archibites has no liability to Customer for such suspension.

7.0 Support Services

7.1 Archibites will provide Support Services as set out from time to time on the Support page. Archibites’s provision of Support Services is subject to Customer providing timely access to Customer Materials and personnel as reasonably requested by Archibites.

7.2 Support is provided for the compatible versions listed on the product page at time of purchase.

8.0 Maintenance

8.1 Archibites may, on occasion, make Products and/or Support Services unavailable for the purposes of performing maintenance or development. Archibites will use reasonable endeavours to notify Customer by publishing details of such maintenance or development on the Website or contacting the Customer via the email address linked to its Account and will use reasonable endeavours to ensure that such maintenance or development is conducted during time periods that minimise disruption of access to and use of Product and Support Services. Customer acknowledges that Archibites may be required to perform urgent maintenance or development at any time and under such circumstances Archibites may make Products and/or Support Services unavailable without notice for the purposes of performing such urgent maintenance or development.

9.0 Warranties

9.1 Each party warrants to the other that:

(a) it has full power and authority to enter into this Agreement and to perform its obligations under this Agreement; and

(b) it has all licences, authorisations, consents, approvals, and permits required by applicable laws in order to perform its obligations under this Agreement.

9.2 The Customer warrants that it and its Users will use Products and Support Services in accordance with this Agreement (including the User Rules), Scope of Use and any documentation provided by Archibites from time to time, and in accordance with all applicable laws and regulations.

9.3 The Customer warrants that it, and its Users, will use all Third Party Services in accordance with their relevant terms of use and in accordance with all applicable laws and regulations.

9.4 Customer acknowledges and agrees that:

(a) Products and Support Services have not been developed to meet Customer’s individual needs; and

(b) it is Customer’s obligation to ensure that the Products and Support Services are suitable for the Customer’s needs; and

(c) Archibites may add to, remove, or alter the functionality of Products and/or Services at any time in its discretion.

9.5 Archibites does not warrant that access to Products and/or Support Services will be uninterrupted or error-free, or interoperable with any third-party software or equipment, excluding certain versions of Archicad as communicated to Customer via the Website.

9.6 The Customer acknowledges that Products and/or Support Services are delivered via a web application and the Products and/or Support Services are dependent upon web access for certain functionality. Accordingly, and without affecting any other limitation of liability set out in this Agreement, Archibites will not have any liability to the Customer if Customer or any User is unable to access Products and/or Services because of:

(a) any internet outage;

(b) any failure of the Customer’s systems;

(c) the failure of any system used by a User;

(d) the failure of any service provided by a technology provider of Archibites (such as a cloud service provider); or

(e) any failure of Archicad’s or Graphisoft’s products, services, or systems.

9.7 Some functionality of the Product relies on Australian or other Standards. While Archibites takes all reasonable care to ensure that the Product reflects an accurate interpretation of such Standards, Archibites does not warrant such accuracy.

9.8 Archibites does not warrant the accuracy or completeness of any data or information provided to Customer under this Agreement, and Customer agrees that Archibites will not have any liability to the Customer to the extent any data or information is inaccurate or erroneous.

9.9 Other than as expressly set out in this Agreement or where unable to be excluded by law, no other warranties, guarantees, or conditions, express or implied, are given or assumed by Archibites in respect of Products and/or Services and any such warranties, guarantees, and conditions are excluded to the maximum extent possible at law.

10.0 Term and Termination

10.1 This Agreement commences on the date Customer accepts it and expires when all Subscription Terms have ended or it is otherwise terminated in accordance with its terms (“Term”).

10.2 Archibites may suspend the performance of this Agreement or an Order, including Customer’s access to Products and Services, by notice to the Customer without liability if:

(a) Customer or any User is in breach of the terms of this Agreement (including the User Rules); or

(b) Archibites believes that the Customer’s use of Products and/or Support Services causes an actual or potential contravention of the terms of this Agreement or any applicable law or has or is reasonably likely to have a material adverse impact on Archibites’ ability to provide its products or services.

10.3 Either party may terminate this Agreement or a Subscription Term with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of this Agreement that is not capable of remedy;

(b) the other party commits a material breach of this Agreement that is capable of remedy and does not remedy such breach within 60 days of receipt of a notice requiring that party to remedy the breach; or

(c) the other party is declared bankrupt or enters into liquidation or any form of insolvency administration, or threatens or resolves to do so.

10.4 Upon termination of this Agreement or a Subscription Term, each party will remain entitled to all rights accrued up to the date of termination pursuant to this Agreement.

10.5 Upon termination or expiry of this Agreement or a Subscription Term:

(a) Customer’s and Users’ rights to access and use Products, the Support Services, and any documentation immediately cease; and

(b) Customer must within 7 days of termination return or destroy (at Archibites’ option) all Archibites’ Confidential Information and documentation in its possession or control.

10.6 Within 30 days after termination or expiration of this Agreement, Customer may request that all Customer Data be returned to Customer. Archibites will, at Customer’s cost and expense, use reasonable endeavours to comply with any request made under this clause and return Customer Data in an accessible form. Archibites does not guarantee that the returned Customer Data will be in a form that is suitable for Customer’s intended purpose or systems.

10.7 90 days following termination or expiration of this Agreement, Archibites may, unless legally prohibited, delete all Customer Data in their systems or otherwise in their control.

11.0 Intellectual property

11.1 All rights (including Intellectual Property Rights) in and to Products, the Support Services, and any documentation created or provided by Archibites in respect of any of the foregoing will vest in Archibites on their creation. To the extent that any rights (including Intellectual Property Rights) in or to Products, the Support Services, or any documentation in respect of the any of the foregoing vest at any time in Customer, Customer hereby assigns all such rights (including copyright) in and to Products, Support Services, or documentation (as applicable) to Archibites worldwide and in perpetuity, including as a present assignment of future copyright.

11.2 Customer grants Archibites a royalty-free, non-exclusive, sublicenseable licence for the duration of the Term to use the Customer Materials to the extent necessary to comply with its obligations under this Agreement and warrants that Archibites’s use of the Customer Materials will not infringe the rights (including Intellectual Property Rights) of any third party.

11.3 As between Archibites and the Customer, the Customer will be the owner of all output of the Products.

11.4 The Customer grants Archibites the right for the duration of the Term to use the Customer’s name and approved logo on Archibites’s website and in publicity and promotional materials relating to Archibites’ business, but solely for the purpose of identifying the Customer as a customer of Archibites.

11.5 The Customer will do all things and sign all documents required by Archibites to give effect to this Clause 9.

11.6 If a Customer provides an Archicad file containing placed Archibites products to third parties or any individuals outside of their organisation who do not hold a valid Archibites license, said products will automatically revert to an unlicensed version. While the products will remain visible as intended, any modifications or alterations to these products will be restricted unless the third party obtains a valid Archibites license.

12.0 Privacy and Data

12.1 Each party must, and must ensure its personnel comply with all Privacy Laws in connection with the performance of its obligations under this Agreement.

12.2 The parties agree that all right, title, and interest in and to the Customer Data belongs to Customer.

12.3 Customer grants Archibites a royalty-free, worldwide, non-exclusive, sublicenseable licence for the duration of the Term to use and retain the Customer Data in accordance with the Privacy Policy, and to the extent necessary to provide Customer with Products and Support Services and for Archibites’ own internal business purposes (including for the purposes of improving Archibites’ products and services).

12.4 Customer warrants that it has obtained all rights and consents necessary to provide Archibites with the Customer Data and the Customer Data does not and will not at any time during the Term:

(a) breach any applicable law, including Privacy Laws;

(b) infringe the Intellectual Property Rights of any third party; or

(c) contain any material which is obscene, indecent, pornographic, offensive, defamatory, threatening, or liable to incite racial hatred, or is otherwise in breach of any law.

12.5 Customer agrees that Archibites may deidentify data contained in Customer Data and use it for any purpose whether during or after the Term. For the avoidance of doubt, Archibites is the owner of all deidentified data sets it creates in accordance with this provision.

12.6 Notwithstanding anything else set out in this Agreement, Archibites may retain any Customer Data following the Term to the extent required to comply with any law or record-keeping obligation.

12.7 Further details about Archibites’s practices relating to collecting, processing, use, disclosure and storage of Customer Data can be found in the Privacy Policy.

13.0 Liability and Indemnity

13.1 Customer hereby indemnifies Archibites and its officers, directors, employees and contractors (collectively, the “Indemnified”) and holds them harmless from and against all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified or which the Indemnified must pay, sustain or incur as a direct or indirect result of or arising out of:

(a) any breach of this Agreement by Customer or any User;

(b) any negligent, illegal or unlawful act or omission;

(c) breach of any third party’s Intellectual Property Rights; and

(d) breach by the Customer, or any User, of any law (including Privacy Laws) or any Third Party Services’ terms of use.

13.2 Archibites’ total aggregate liability to Customer, and any third party, (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, this Agreement, for any one event or a series of related events, will be limited to the amount of fees paid to Archibites by Customer in the 12 months immediately prior to the event(s).

13.3 Notwithstanding anything else set out in this Agreement, to the extent that Archibites is in breach of any statutory condition, warranty, or guarantee that cannot be excluded by law, the sole remedy of Customer will be (at Archibites’ election) the provision of the relevant goods or services again, or payment to Customer of the cost of the provision of the relevant goods or services again.

13.4 In no event will Archibites be liable to Customer or any third party for any:

(a) loss of profits, revenue, goodwill or business, business interruption, corruption, loss, disclosure or alteration of data, downtime costs, loss of use, failure to realise anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, however caused or suffered;

(b) breach by Customer, any User or any third party of the Intellectual Property Rights of a third party or any laws, regulations or any relevant industry codes;

(c) viruses, worm, trojan or other malicious code introduced into, or transmitted to, Customers’, Users’ or any third parties’ computing device or software during the course of access and/or using the Products or the Support Services;

(d) loss of or damage to any property belonging to Customer, any User or any third party or any personal injury or death arising out of or in connection with this Agreement.

14.0 Confidential Information

14.1 Each party will maintain the confidentiality of the other party’s Confidential Information and will not, without the prior written consent of the other party, use, disclose, copy, or modify the other party’s Confidential Information (or permit another person to do so) other than as is necessary for the performance of its rights and obligations under this Agreement.

14.2 Each party agrees that it will only disclose the other party’s Confidential Information to such of its employees, contractors, and advisers as are necessary for the performance of its rights and obligations under this Agreement and will ensure that all such persons are bound by the obligations set out in Clause 13.1 above in respect of the Confidential Information.

14.3 The provisions of this Clause 13 do not apply to information which:

(a) is in, or comes into, the public domain other than through a breach of this Agreement;

(b) is lawfully received by the recipient from a third party free of any obligation of confidence at the time of disclosure;

(c) is independently developed by the recipient, without access to and use of the Confidential Information; or

(d) is required by law, by court, or governmental or regulatory order to be disclosed provided that the relevant party notifies the other party at the earliest opportunity before making any disclosure.

14.4 Unauthorised use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or anticipated breach of this Clause 14.

15.0 Feedback

15.1 If Customer provides Archibites with feedback or suggestions regarding Products and/or Support Services, Archibites may use the feedback or suggestions without restriction or obligation.

16.0 Notices

16.1 All notices required under this Agreement must be in writing via email. Such notices will be deemed to have arrived at the time recorded by the sender’s server. Notwithstanding this, where any notice is emailed after 5pm on any day or is emailed on a Saturday or Sunday, the notice shall be deemed received on the next Business Day.

16.2 Emails will be deemed served in accordance with Clause 16.1 notwithstanding receipt by the sender from the recipient’s email address of an automated (or other) notification of the receiver’s absence. Delivery by email will not have been effected if:

(a) the intended recipient promptly informs the sender that the email was received in an incomplete form; or

(b) the server report of the sender indicates a faulty or incomplete transmission of the email.

16.3 Notices to Customer will be emailed to the email address linked to the Customer’s Account, which may be updated by Customer from time to time.

16.4 Notices to Archibites must be sent to [support@archibites.tech].

16.5 Archibites may provide general or operational notices via the Website.

17.0 Force Majeure

17.1 Archibites will not be liable to Customer for any delay or failure to perform any of its obligations under this Agreement to the extent such delay or failure is due to any Force Majeure Event.

17.2 If subject to a Force Majeure Event, Archibites will promptly give notice to the Customer of the existence of the Force Majeure Event including details of the anticipated duration.

17.3 If a Force Majeure Event prevents Archibites from performing any of its obligations under this Agreement for a period exceeding 30 consecutive days the parties agree to meet to discuss the Force Majeure Event and any potential workaround. If the Force Majeure Event continues for a period in excess of 90 consecutive days either party may terminate this Agreement upon written notice to the other party.

18.0 General Terms

18.1 This Agreement, together with Orders and their respective Scope of Use, Privacy Policy and the terms of any other notices or instructions given to Customers or Users under this Agreement supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between Customer and Archibites relating to the use of Products and/or Support Services and the other matters dealt with in this Agreement.

18.2 Customer may not assign or transfer any of its rights or obligations under this Agreement or an Order without Archibites’ prior written consent. Archibites may assign its rights and obligations under this Agreement (in whole or in part) without Customer’s consent.

18.3 Any provision of this Agreement which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of this Agreement, and such unenforceability will not invalidate that provision in any other jurisdiction.

18.4 Nothing in this Agreement is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement.

18.5 Clauses 3.3, 3.4, 9, 10, 11, 12, 13.2, 13.3, 13.4, 14.1, 15 and this Clause 17 will survive the termination or expiry of this Agreement.

18.6 This Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

19.0 Definitions

“Agreement” means these user terms;

“Archicad” means Graphisoft’s architectural BIM CAD software;

“Maintenance Updates” means any updates to products required to correct errors. Maintenance updates are limited to the purchased version and the two previous versions.

“Business Day” means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia;

“Customer Data” means any data, content, information or materials provided to Archibites by or at the direction of Customer or its Users, including from Third-Party Services, via use of the Account, Products and Support Services;

“Customer Materials” means materials, logos, trademarks, information and other resources that Customer provides to Archibites that is not Customer Data;

“Force Majeure Event” means inclement weather, industrial action, fire, flood, natural disaster, epidemic, pandemic, or any other event or cause beyond the control of Archibites;

“Intellectual Property Rights” means all intellectual property rights of whatever nature and however they arise throughout the world, including rights in respect of or in connection with copyright, inventions (including patents), designs, trademarks, service marks, trade names, goodwill, confidential information, trade secrets, and know-how and similar industrial, commercial and intellectual property rights, licences, whether or not registered or registrable, and including in all cases the right to apply for the registration of such rights and all associated rights of use;

“Laws” means all applicable and binding laws, regulations, conventions, decrees, decisions, orders, judgments, codes and requirements of any government authority (federal, state, local or international) having jurisdiction;

“Maximum User Number” means the maximum number of Users permitted to use Products and/or Support Services as specified in an Order’s Scope of Use;

“Order” means Archibites’s online order form specifying the Products and Support Services to be provided under this Agreement, and their corresponding scope of use, accepted by Archibites;

“Privacy Policy” means Archibites’s privacy policy available on archibites.tech.

“Products” means the applicable software products and/or tools made available by Archibites in connection with an Order;

“Privacy Law” means any applicable privacy or data protection law or regulation;

“Registration Data” means information provided by Customer to Archibites to create an Account;

“Scope of Use” means Customer’s entitlements to the Products specified in an Order, which may include: (a) Maximum User Number, (b) Subscription Term, (c) compatible versions of Archicad, (d) supported versions of ArchiCAD and (e) any other restrictions or limitations;

“Subscription Term” means the term for Customer’s use of or access to the Products and related Support Services as identified in an Order;

“Support Services” means the level of support services for the Products made available by Archibites in connection with an Order;

“Third Party Services” has the meaning given in Clause 2.2(a);

“User” means any individual from the same Company that Customer authorises or permits to use the Products and/or Support Services;

“User Rules” means the terms of use required to be adhered to by Customer and each User as set out in Clause 5; and

“Website” means Archibites website available at archibites.tech.