End User Licence Agreement

1. Introductory Provisions

1.1 This licence agreement (the “EULA”) governs the rights and obligations between Archeform s.r.o., Company ID No. 23287993, with its registered office at Pohořany 162, 411 41 Žitenice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Entry 54039, e-mail [email protected] (the “Licensor”), and any person who uses the computer program Archeform BIM (the “User”).

1.2 The Software is sold through the online store of Lemon Squeezy, LLC acting as reseller and Merchant of Record (the “Reseller”). The purchase contract, payments, invoicing, taxes, renewal and cancellation of the Subscription, withdrawal from the contract and refunds are governed by the Reseller’s terms, which the User is presented with at the time of purchase. This EULA governs exclusively the use of the Software.

1.3 The User accepts this EULA by ticking the acceptance box at the time of purchase or upon first activation of the Software. Without such acceptance, the User is not entitled to use the Software.

2. Definitions

2.1 Software means the SketchUp extension named Archeform BIM, including its updates, documentation and the connector for integration with artificial intelligence systems, in any version made available to the User by the Licensor.

2.2 Consumer means a User who is a natural person acting, when entering into and performing the contract, outside the scope of their business activity or the independent exercise of their profession.

2.3 Business User means a User who is not a Consumer, in particular a legal entity, a sole trader or a person practising a liberal profession (e.g. an architect or a chartered engineer).

2.4 Subscription means the limited period, usually one year, during which the User is entitled to use the Software on the basis of payment made to the Reseller.

2.5 Licence Key means the unique code which the User receives from the Reseller and which is used to activate the Software.

2.6 User Data means the models, drawings, files and other data created or processed by the User by means of the Software.

2.7 Third-Party Services means programs and services not operated by the Licensor, in particular SketchUp (Trimble Inc.) and artificial intelligence systems (e.g. Claude by Anthropic).

3. Licence

3.1 The Licensor grants the User a non-exclusive, non-transferable, worldwide licence to use the Software for the term of the Subscription, to the extent necessary to install, run and use it for its intended purpose, including use for the User’s commercial purposes.

3.2 One Licence Key entitles one natural person to use the Software on no more than 2 devices simultaneously. A Business User who allows its employees or collaborators to use the Software must obtain a separate Licence Key for each such person.

3.3 The User shall not:

a) provide the Licence Key to another person, publish it or otherwise enable the use of the Software by persons not entitled to do so;
b) resell, rent, lend, provide as a service or sublicense the Software;
c) circumvent, disable or otherwise interfere with licence verification, encryption or other technical protection measures;
d) decompile, reverse engineer or otherwise attempt to derive the source code of the Software, except where and only to the extent expressly permitted by law (in particular Section 66 of the Czech Copyright Act (Act No. 121/2000 Coll.));
e) modify the Software, create derivative works from it, or use the Software or any part of it to develop a competing product;
f) remove or alter any copyright notices, trademarks or licence information.

3.4 The Software contains third-party components whose use is governed by their own licences. A list of these components and their licence terms is provided in the THIRD_PARTY_NOTICES file supplied with the Software. Where the licence of such a component grants the User broader rights than this EULA, that licence shall prevail.

3.5 All rights in the Software not expressly granted to the User under this EULA are reserved by the Licensor.

4. Subscription, Activation and Licence Verification

4.1 The Software is provided on a Subscription basis. Its price, renewal, cancellation and refunds are governed by the Reseller’s terms.

4.2 Following activation, the Software verifies the validity of the Licence Key by querying the Reseller’s licence server at start-up and then every 12 hours while the Software is running. Only the Licence Key, an installation identifier assigned by the Reseller’s licence server, the installation name (operating system, SketchUp version and a random code) and technical connection data (IP address) are transmitted during verification. The Software does not transmit the content of User Data, the device name or usage data (telemetry).

4.3 If the validity of the licence cannot be verified (e.g. without an internet connection or during a server outage), the Software will remain fully functional for 21 days from the last successful verification; from the 14th day it reminds the User to connect to the internet.

4.4 Upon expiry of the Subscription, the functions of the Software for creating and editing elements will cease to operate. User Data, including models created by means of the Software and the information stored in them (e.g. IFC classification), will remain available to the User and may continue to be opened, viewed and exported in SketchUp.

5. User Data

5.1 User Data belongs to the User. The Licensor acquires no rights in User Data and has no access to it.

5.2 The User is responsible for backing up User Data. The Licensor recommends saving a backup before making extensive changes to a model (e.g. bulk generation of elements).

6. Connector for Artificial Intelligence Systems

6.1 The Software contains an optional connector which allows selected functions of the Software to be controlled through a third-party artificial intelligence system. The connector is not active by default: the User enables it in the Software (Project panel), and it is disabled again whenever SketchUp is restarted. The User then connects it to the User’s own artificial intelligence client.

6.2 When the connector is used, information about the model, including screenshots, may be transmitted to the provider of the artificial intelligence system chosen by the User. Such transmission takes place on the basis of the contractual relationship between the User and that provider and is governed by that provider’s terms. The Licensor does not receive or process such data.

6.3 The User is responsible for ensuring that the User is entitled to transmit model data to the provider of the artificial intelligence system, in particular where such data contains personal data (e.g. names of clients, addresses or land parcels) or confidential information of the User’s clients.

6.4 Outputs generated by an artificial intelligence system may be inaccurate or incomplete. The User must review them before any further use. The Licensor is not responsible for the outputs, decisions or behaviour of third-party artificial intelligence systems.

7. Intended Purpose of the Software and Professional Use

7.1 The Software is a tool for creating a building information model. It does not replace design work, professional judgement or review by an authorised (licensed) professional.

7.2 Elements generated automatically by the Software, in particular foundations, staircases, slabs and openings, are a geometric proposal only. The Software does not perform structural calculations or assessments against technical standards and legal regulations (e.g. requirements for staircase dimensions, foundation bearing capacity or fire safety). The User, or where applicable the authorised professional preparing the documentation, is responsible for checking the documentation created with the aid of the Software and for its correctness.

7.3 The Licensor endeavours to ensure that exported data complies with the IFC standard but does not guarantee error-free data exchange with all third-party programs. The Software is not certified by buildingSMART unless expressly stated in its documentation.

8. Updates, Compatibility and Support

8.1 For the duration of the Subscription, the Licensor makes updates to the Software available, including security updates and updates necessary to maintain its functionality. The User is informed of available updates and of the consequences of not installing them.

8.2 The Software is intended for the versions of SketchUp and the operating systems listed on the Licensor’s website (archeform.eu). SketchUp is a product of Trimble Inc.; the Licensor is not affiliated with Trimble Inc. and is not responsible for changes to its products. If a change to SketchUp prevents the Software from functioning, the Licensor will use reasonable efforts to release a compatible version.

8.3 Support is provided by the Licensor by e-mail at [email protected], usually within 3 business days.

9. Rights in Respect of Defective Performance

9.1 A Consumer is entitled to the rights in respect of defective performance under Sections 2389a et seq. of the Czech Civil Code (Act No. 89/2012 Coll.). This EULA does not limit those rights in any way. The Consumer shall notify defects in the Software to the Licensor at [email protected] and matters relating to payments and refunds to the Reseller.

9.2 In relation to a Business User, the Software is provided “as is” and the Licensor gives no warranties other than those expressly set out in this EULA. In particular, the Licensor does not warrant that the Software will be error-free, uninterrupted or fit for the Business User’s particular purpose. The Business User must notify a defect without undue delay and no later than 30 days after discovering it. The Licensor will, at its option, remedy the defect by means of an update or refund to the Business User a proportionate part of the Subscription price.

10. Liability

10.1 In relation to a Business User, the Licensor shall not be liable for loss of profit, loss of contracts, loss of or damage to data, or any indirect or consequential loss. The Licensor’s total liability to a Business User is limited to the amount paid by the Business User for the Subscription in the 12 months preceding the event giving rise to the damage.

10.2 The limitation under clause 10.1 does not apply to harm to the natural rights of a person (including life and health), to damage caused intentionally or through gross negligence, or to liability which cannot be limited under applicable law, in particular liability for damage caused by a defective product.

10.3 In relation to a Consumer, the Licensor is liable to the extent provided by law.

10.4 The Licensor is not liable for Third-Party Services or for damage resulting from use of the Software in breach of this EULA or of Article 7.

11. Security

11.1 If the User discovers a security vulnerability in the Software, the User may report it to [email protected]. The Licensor will assess the report and, where necessary, release a security update.

11.2 The connector for artificial intelligence systems accepts commands only from the User’s local computer. The User should enable it only with a trusted artificial intelligence client and work with models from trusted sources.

12. Personal Data

12.1 The Licensor processes the User’s personal data only to the extent necessary for licence verification and the provision of support. Data relating to the purchase is processed by the Reseller as an independent controller. Further details are set out in the Privacy Policy available at https://archeform.eu/legal/privacy.

13. Termination of the Licence

13.1 The licence terminates upon expiry of a Subscription that has not been renewed.

13.2 If the User materially breaches Article 3 (in particular by sharing the Licence Key or circumventing licence verification), the Licensor will notify the User of the breach and request that it be remedied within a reasonable period of no less than 7 days. If the User fails to remedy the breach, the Licensor may deactivate the Licence Key. In cases of manifest abuse (e.g. publication of the Licence Key), the Licence Key may be deactivated without prior notice.

13.3 Provisions which by their nature are intended to survive termination of the licence (in particular Articles 5, 7, 10 and 15) shall remain in force.

14. Amendments to the EULA

14.1 The Licensor may make reasonable amendments to this EULA in response to changes in legislation, in the scope of the Software’s functions, in Third-Party Services or for security reasons. The Licensor will notify the User of any amendment by e-mail or within the Software at least 30 days before it takes effect.

14.2 An amendment shall apply no earlier than from the next Subscription period. If the User does not agree with an amendment, the User may cancel the Subscription and continue to use the Software under the existing terms until the end of the paid period.

15. Final Provisions

15.1 This EULA and the relationships arising from it are governed by the laws of the Czech Republic. Where the User is a Consumer habitually resident in another country, this choice of law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of habitual residence.

15.2 Disputes with a Business User shall be decided by the courts of general jurisdiction of the Czech Republic having territorial jurisdiction according to the Licensor’s registered office.

15.3 A Consumer has the right to out-of-court resolution of a consumer dispute. The competent body is the Czech Trade Inspection Authority (www.coi.cz).

15.4 If any provision of this EULA is or becomes invalid or unenforceable, this shall not affect the remaining provisions.

15.5 This EULA is drawn up in English and in Czech. The English version is the governing version; for Users in the Czech Republic, the Czech version has equal standing. A Consumer may always rely on the language version which the Consumer accepted.