Last update: 09/08/2023

ARTICLE 1 - IDENTITY

These General Terms and Conditions of Sales (hereinafter, “GTCS”, “Terms”) apply to all sales of goods by us or by subscribing to our services on A3D's online or mobile services and websites, including but not limited to any mobile application and browser extension or plug-in (hereinafter, the "Site"), available at archited.io, which is the property of A3D (hereinafter, the "Company", “A3D”, “we”, “our”, “us”), a legal entity, whose address is Chemin du Cyclotron 6, 1348 Ottignies-Louvain-la-Neuve, Belgium, VAT BE 0794.136.228, registered with the Crossroads Bank for Enterprises (CBE) under number 0794.136.228.

Please be advised that by subscribing to our services, you will also be subject to the License (hereinafter, “License”), which shall be read together with these GTCS, the General Terms of Use (hereinafter, “GTU”) and the Privacy Policy (hereinafter, “Privacy”) (together the “Agreement”). Capitalized terms used, but not defined herein, shall have the respective meanings given to them in the License or the GTU or the Privacy.

This GTCS applies notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication, or contract expressly confirmed by us in writing. No such conflicting, contrary, or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.

You hereby represent and warrant that: (1) you have read the Agreement, understood the stated therein and you hereby agree to engage with the Company under its terms; (2) your age does not limit you from lawfully engaging in the Agreement and that you are not legally prohibited from entering into the Agreement; (3) you are authorized to enter into and perform the Agreement for yourself or for the entity the details of which were specified upon subscription to our services. In addition to the above address, the Company can be contacted as follows:

• E-mail: hello@archited.io

The Company reserves the right to modify these GTCS at any time, such modifications to take effect on the "last updated" date indicated above. By using the Site, you accept the new version of the GTCS. We will give you thirty calendar days’ notice of any changes by posting notice on our website.

The Company reserves the right, at its discretion and without prior notice, to interrupt or modify the Site in whole or in part.

ARTICLE 2 – DEFINITIONS

In these GTCS, the following words have the following meanings:

• "Subscription” is a regular, auto-renewing payment that gives access to the Company's services on the Site for a set period, until canceled.
• “Subscriber” is the person who has purchased a subscription from the Company.
• “Single Subscriber” refers to the individual who subscribed at the time of subscription.
• "Single-person Entity” refers to a company with a single shareholder who also serves as the company's sole worker, similar to a freelancer.

ARTICLE 3 – BECOMING A SUBSCRIBER

In order to use the Company’s services and receive a License for using the Items as specified in these Terms and the License, you are required to (i) open an account in the Site, (ii) provide us with your accurate and full details, (iii) provide a valid email address and (iv) pay any applicable fees.

You are forbidden from providing us a nonexistent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment method information.

You promise that the information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable.

You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full and exclusive liability for all activities in your account. You must inform us immediately of any unauthorized use of your account.

When you become a Subscriber, you get to access our library of Items that must be used in accordance with the License.

If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

Single Subscriber is a Subscriber with a single seat usage subscription only, available for use by a single real person or for a single seat usage by Single-person Entity. You are not permitted to share the seat.

ARTICLE 4 – UNLIMITED DOWNLOAD

You can download as many Items as you want while having a valid and active Subscription and as long as you keep it reasonable. “Reasonable” means that you can download up to 90 Items per day. We consider downloading Items by any automatic means, such as software, bots, etc., is not reasonable, and therefore it is prohibited.

ARTICLE 5 – ALWAYS THE BEST PRICE

The price of our Subscription may vary depending on our offer or special plans or limited reduction. We may use information such as academy information, or other information associated with your account or method of payment to determine your eligibility for a price, plan or offer. Eligibility for certain plans, prices or offers are determined by us at our sole discretion and we reserve the right to adjust the pricing for your subscription in the event that we determine you are not eligible for a particular plan, price or offer, on the basis of your situation.

We may change our pricing at any time directly applicable to new subscribers and renewals.

ARTICLE 6 – EASY & FLEXIBLE PAYMENT

You can pay for your Subscription via credit card or Apple Pay. You may be required to pay a handling fee depending on the method of payment you choose.

By signing on as a Subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you.

Currency conversion costs: You are responsible for all costs of currency conversion relating to your Subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when subscribing, which we have no control over. When you subscribe, you do so on the following terms:

• you promise to us that you understand what you can and can’t do with your downloaded Items in accordance with the License;
• we do not promise that any particular Item will continue to be available on the Site;
• once you register an Item, you acquire a non-exclusive license to use the Item under the terms set out in the License (non-exclusive means others might also license the same Item); and
• you do not gain any ownership rights in a downloaded Item.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

ARTICLE 7 – EASY RENEWAL WITH NO FORMALITIES

You agree that your Subscription will automatically renew at the full price displayed on the Site for additional similar periods, unless you notify us of your intention not to renew within 14 calendar days before renewal.

Upon renewal of your subscription, the payment method you provided us will be automatically charged for the renewal period fees.

In the event that the automatic renewal payment fails to occur, we may immediately suspend your Subscription until payment has been made. If we suspend your Subscription, your rights under these terms and the License will also be suspended.

ARTICLE 8 – FULL REFUND WITHIN 14 DAYS

Our refund policy allows you to request a full refund of the Subscription price within 14 calendar days from the date of the purchase and/or renewal of your Subscription if no Items have been downloaded, reduced by administrative costs (estimated at 1% depending on the payments chosen).

Given the nature of digital content, we don’t offer a refund or credit on a purchased Subscription if an Item has been downloaded.

If you encounter any exceptional issues, you can open a help request. There is generally no obligation to provide a refund or credit in situations like the following:

• you have changed your mind about your subscription;
• you subscribed by mistake;
• you do not have sufficient expertise to use the Items made available;
• you ask for goodwill; or
• you can no longer access any of your desired Items because they have been removed (we advise you to download Items).

If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase.

ARTICLE 9 – SAFE ENVIRONMENT FOR ALL SUBSCRIBERS

To ensure a safe environment for all Subscribers, we can suspend or terminate your subscription account at any time for any reason including:

• if you breach these terms;
• if you act in a way that does not align with the values of our community; or
• if you act in a way that could cause us or others harm.

If we do decide to permanently terminate your account you must not apply for a new account.

ARTICLE 10 – END OF YOUR SUBSCRIPTION

Upon termination of the Agreement for any cause whatsoever, the rights granted to you under these Terms or the License will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Items, except as allowed under the License.

ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS

All the information, the Items and contents included in the Site and the services offered by the Company, inclusive without limitation of any videos, 3D, animation, text, illustrations, graphics, sound, software applications, graphs, photos, Company’s name, trademarks and logos, including without limitation those used in the Site, are protected by copyrights and intellectual property rights of the Company (“Content”).

You are forbidden from using the Site’s and/or the Company’s name, trademarks and logos, including without limitation those used in the Site.

You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights in the Content, and that your right is restricted to the limited rights granted to you in these Terms and in the License.

ARTICLE 12 – LIABILITY

The User acknowledges and agrees that he uses the Site and its services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to the Company resulting from the User’s use of the Site and the services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

The Company does not warrant the availability or continuity of the Site or the services, nor its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the Site works, including the kinds of Items available. The Company will not be liable to you for any loss you suffer as a result of these things.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the
• Company’s responsibility.
• Delays or unavailability of the Site and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third-party actions.
• Unavailability of the Site and the Services due to maintenance or software updates. Any other event beyond the Company’s direct control.

ARTICLE 13 – PRIVACY

We respect your privacy and process your information in accordance with our Privacy Policy. Please review our Privacy Policy to learn how we collect and use your personal information and cookies.

While using the Site, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through the Site to any other person.

ARTICLE 14 – THIRD PARTY RIGHTS

If we are notified that any Items infringes third party copyright or other rights, we may in our sole discretion remove such Assets from the Site or take other steps that we deem necessary, without any prior notification.

ARTICLE 15 – THIRD PARTY SERVICES

When subscribing or using Company’s services, you may also be using the services of one or more third parties, such as internet or payment services providers. Such third parties might have their own terms of use, agreements and policies which may apply to you. You acknowledge and agree that the Company is not responsible or liable for any such third party services and terms nor for the compliance with them. We strongly encourage you to carefully read any such third party terms of use and policies and make sure you comply with them.

ARTICLE 16 – AMENDMENTS TO THESE TERMS

Company has the right to change the conditions of these Terms from time to time at its exclusive discretion. Upon making the changes, the new version of the Terms will be posted on the Site. You are advised to check for updates regularly. In the event of material changes, we might provide you with a notice. If you do not agree to the changes in any such terms, you must cease accessing and using the Site and Company’s services and cease downloading Items. By continuing to access or use the Site, the services and the Items you agree to be bound by the updated version of the Agreement, which will apply to you in its entirety.

ARTICLE 17 – ASSIGNMENT

The Company is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Agreement, in whole or in part, to third parties as it may see fit and at its exclusive discretion. Any such Company’s transferee will, in turn, be entitled to transfer any such rights/undertakings to other parties as it may see fit without having to obtain your consent.

ARTICLE 18 – NOTICES

You hereby agree that we will be able to send you email messages referring to the Company’s services and other various subjects, inclusive with regards to benefits granted to the Company’s subscribers. If you do not want to receive our promotional or marketing emails, you can withdraw your consent at any time following the instructions in our Privacy Policy.

Notices according to the Agreement will be given in writing and be sent by email according to the email address you specified in the registration form. Any delivery of a notice by email as stated above will be considered a lawful delivery.

ARTICLE 19 – FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance if:

• b. such failure or delay does not result from its fault; or
• c. such failure or delay is caused by Force Majeure as defined by law.

ARTICLE 20 – GOVERNING LAW & JURISDICTION

Any dispute between the User and the Company must first be resolved amicably. If the Parties are unable to resolve the dispute, it shall fall exclusively within the jurisdiction of the courts of Nivelles and shall be governed by Belgian law.

ARTICLE 21 – OTHER

The titles associated with the articles are purely aesthetic and organizational, they have no legal implications.