Terms of Service for Our Website & Services (Archilyse AG)

Last Updated: December 2017

1. Applicability

1.1 These present Terms of Service govern the contractual relationship between Archilyse AG, a company registered in Switzerland under the number CHE-238.373.634 having its registered office at Technoparkstrasse 1, CH-8005 Zurich, Switzerland (hereinafter “Archilyse”, “We”, “Us” or “Our”) and the users of our services (hereinafter “User” or “You” or “Party”). Please read these Terms of Service (“Terms” or “Terms of Service” or “Agreement”) carefully before using the http://www.archilyse.com website (“Website”) and our services.

1.2 A registration on our Website is a prerequisite for using our services. Archilyse provides you with an account where you have to indicate your postal address. When we speak of an “Account”, We mean the user interface on the Website where You can register.

2. Scope

2.1 Subject to these Terms of Service is the present and future use of the Website, online products, software and other services (hereinafter collectively the “Service” or “Services”, as further described under Section 4 below) offered by Archilyse.

2.2 These Terms of Service apply to all obligations of the contractual parties in the framework of using the Services. Different agreements on specific provisions shall be invalid unless agreed upon in writing.

3. Term and Termination

3.1 These Terms of Service shall apply during the period of use of the Services of Archilyse. Either party may terminate this contract at any time, simply by deactivating the Account, unless a specific subscription model defines it otherwise.

3.2 If one of the Parties is in material breach of this Agreement, the other Party is entitled to terminate this Agreement for cause at any time, if the breaching Party has not remedied the breach to the satisfaction of the other Party within reasonable time, after having received the notice of breach. In addition, Archilyse may terminate this Agreement at any time at its sole discretion.

3.3 In the event that the User violates any contractual provisions, by using particular services for unlawful purposes or by making available illegal content or by putting at risk the reputation of Archilyse, Archilyse is entitled at its sole discretion to deactivate the User Account/User profile without any delay and to terminate this Agreement.

3.4 After the termination of the Agreement Archilyse is entitled to delete the data of corresponding Users and You agree and acknowledge that Achilyse has no obligation to retain the uploaded data, and may delete such uploaded data without prior notice (i) if you have materially breached this Agreement and such breach has not been cured within ten (10) days‘ notice of such breach or (ii) upon termination of this Agreement for any reason.

3.5 Archilyse reserves the right to periodically review these Terms of Service and to make changes to these Terms from time to time. If Archilyse does make changes, it will post the amended Terms of its Services and will update the „Last Updated“ date at the beginning of these Terms. Archilyse may also attempt to notify the User by sending an email notification or providing notice through the Services. Unless Archilyse says otherwise in its notice, the amended Terms will be effective immediately and the User‘s continued access to and use of the Services after Archilyse provides notice will confirm the User‘s acceptance of the changes. If the User does not agree to the amended Terms, it must stop using the Services.

4. Services

4.1 Archilyse provides an API for a variety of real estate applications (banks, funds, planners, consulters) in order to quantify architectural qualities and to process them.

4.2 In specific, Archilyse operates an internet platform where Users can upload housing floor plans (the „Floor Plans“). Archilyse will then have these Floor Plans converted into 3D interactive models which are fed into the algorithms of Archilyse. The system then generates key figures for which points are awarded (e.g. how flexible is the furnishing of an apartment, how many doors separate the living room from the children’s room). In addition, the addresses provided by the Users in their User Profile will be used together with data from open street map to calculate distances to adjacent points of interest (e.g. how long is the journey to the nearest hospital, how long is the way to the nearest kindergarten etc.). If both data records (address and 3D interactive model) are available, Archilyse asks the User for further information, e.g. the location of the apartment in the building on site. As soon as we have additional information available, e.g. if We know which floor the apartment is on, We can carry out further simulations and calculate other key figures (e.g. how many hours of sunshine the living room has, how long does the sun shine into the children’s room, how much lake can you see from the bedroom etc.).

4.3 By combining three dimensional semantic models of indoor and outdoor geometries, Archilyse is able to holistically analyse urban and architectural situations, thus overcomes the traditional dialectic of inside and outside.

4.4 The User takes note that the Services provided by Archilyse are versions that are in development. Archilyse is continually improving its Services in the interest of its Users. Archilyse has the right to extend or restrict the Services provided to you at any time either in order to maintain standards of quality, or in response to technical or economic developments.

4.5 Archilyse will use reasonable efforts to provide its Services to the Users in the way described in these Terms. However, the User understands that the use of the Services may, from time to time, be interrupted due to maintenance, troubleshooting, expansion of services, and measures to protect the infrastructure of Archilyse. Archilyse will inform Users about the kind, extent and duration oft he discontinuation or restriction of the Service as well as about any scheduled downtime via the Website or Email.

4.6 Archilyse offers different subscription models which will be made available under the Website. Regulations of the respective subscription models form an integral part of these Terms of Service and take precedence over the regulations of the Terms of Service.

5. Third Party Links

5.1 Certain content, products and services available via Our Service may include materials from third-parties. Third-party links on Our Website may direct You to third-party websites that are not affiliated with Us.

5.2 We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

6. Compliance with Applicable Laws and Prohibited Uses

6.1 You must use the Services in a lawful manner, and must obey all laws, rules, and regulations („Laws“) applicable to Your use of the Services.

6.2 In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Website: (a) in a way, that could negatively impair the system operation of Archilyse; (b) for any unlawful purpose; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service or any related website.

7. Use of Our Services

7.1 The User is entitled to use the Services of Archilyse in a proper and lawful way and is obliged to comply with these Terms and any instructions from Archilyse, particularly with regard to maintenance, updating or deletion of software.

7.2 The User is obliged to only provide accurate information to Archilyse when ordering, undergoing registration, as well as in connection with the use of the Services.

7.3 It is the User’s responsibility for meeting the technical prerequisites for proper access to Archilyse’s services. This concerns in particular hardware, operating software, internet connection and up-to-date browser software.

7.4 All intellectual property rights, know-how and trade secrets embodied in the Website and the Services accessible via the Website including, but not limited to, all materials provided or displayed therewith like software, documentation, designs, data, layouts or photographs, are owned by Us or, especially with respect to third party content accessible via the Website or the Services, third parties.

7.5 The User is responsible for uploaded content which they submit, edit or distribute themselves.

7.6 The User may not make any illicit content available in the use of Archilyse’s Services. In particular, content which violates the rights of Archilyse or third parties, including intellectual property rights or privacy rights, is considered tob e a violation.

7.7 In case that concrete information regarding the availability of illicit content should arise, Archilyse may block the User profile of the person responsible wholly or partly and suspend the Services provided by Archilyse.

8. Data Protection

8.1 Archilyse makes every effort to ensure data protection and data security. Archilyse primarily uses personal data in order to improve its Services. Archilyse uses personal data only if it is appropriate and necessary to improve its Services. The User takes note that Archilyse may transfer personal data to the possession of third parties. Archilyse takes the necessary measures in connection with the storage and other processing of User data to prevent unauthorized access and processing of this data. As far as Archilyse is legally obliged to do so, it reserves the right to make personal data available to authorities or third parties.

8.2 Archilyse uses cookies to track Your use of the Website, including but not limited to registration, Your entries and Your requests for information. You expressly agree to Our use of cookies.

8.3 On Our Website, so-called social media plugins are being used. You expressly agree to Our use of social media plugins.

8.4 The Services provided by Archilyse (according to Section 4 above) allow Users to upload Floor Plans of houses and apartments, to have these transferred into 3D interactive models and fed into the algorithms of Archilyse. The User hereby expressly authorizes Archilyse to alter the corresponding plans.

9. Intellectual Property and Copyright

9.1 The Services provided by Archilyse, including the text, images, possible logos of Archilyse, 2D and 3D interactive models, product and service names, slogans and other content, are owned by or licensed to Archilyse. Except as explicitly stated in these Terms, Archilyse and our licensors reserve all rights in and to the Services, which includes all such content therein.

9.2 Irrespective of anything to the contrary in this Agreement, no intellectual property rights are transferred from Archilyse to a User.

9.3 All online documents and web pages as well as their parts are protected by copyrights, and it is permissible to copy them and print them out only for private, scientific and noncommercial use.

9.4 The citation of the documents and web pages with a correct statement of the source and the setting of links to our Website is expressly allowed.

10. No Warranty, Limitation or Liability

10.1 Archilyse takes all reasonable efforts to provide the Services thoroughly and professionally. However, Archilyse does not guarantee, represent or warrant that Your use of the Service will be uninterrupted, timely, secure or error-free. In addition, Achilyse cannot guarantee that the data requested by the User be transmitted over the internet correctly and without delay.

10.2 The Website, Services and materials are provided „as is“, and without any warranties or conditions of any kind, either express or implied.

10.3 Archilyse shall not be made liable for damages that arise to Users due to the misuse or loss of access data which is provided to Archilyse. The Users are solely responsible for securing their data.

10.4 In case the Service shows a material defect, Archilyse will use reasonable efforts to remedy such defects within a reasonable term following the receipt of your written notice. In case that Archilyse fails to rectify the defect within the said term, Your sole right and remedy is to terminate this Agreement as per Section 3 above.

10.5 The liability of Archilyse is excluded as far as is legally possible,, unless the damage was caused intentionally or by gross negligence. Liability for consequential, indirect damage or consequential damage is expressly excluded. These excluded damages include in particular lost of profit, loss of production, reputational damage and damages arising from loss of data.

11. Severability Clause

11.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.  Applicable Law and Jurisdiction

12.1 For any disputes arising from these Terms, and all cases out of or in connection with the contractual relationship between Archilyse and the User, Swiss law shall apply.
In the case of any disputes, the ordinary courts of Zürich, Switzerland shall have exclusive jurisdiction.

Contact

  • Address: Technoparkstrasse 1, CH-8005 Zürich, Switzerland
  • Email: contact@archilyse.com
  • Phone: +41 (0) 446 330 994