General Conditions of Use

Updated on December 4th , 2023

Statements and Background

The responsibility for the services whose provision is regulated in these General Conditions of Use, correspond to the entity SMARTSCAPES STUDIO, SL, with CIF B-92831312, and fiscal address in Malaga Pasaje Compositor Lehmberg Ruiz, 4, 2-E, Malaga (hereinafter SMARTSCAPES).

SMARTSCAPES holds all the rights and power of disposition over the web page www. architechtures.com, as well as over the services contained in it, which from now on we will refer to as ARCHITEChTURES, generated and structured from software, design, and own contents.

These conditions regulate the provision by SMARTSCAPES of the use of the application ARCHITEChTURES, of his property, identified as an architectural design service assisted by artificial intelligence.

In this sense, the SMARTSCAPES’ ARCHITEChTURES application should be identified as a service based on artificial intelligence, which assists the optimized design of architectural designs in real-time according to the parameters entered by the user, and its subsequent external use, also allowing the management of consumption of areas, costs, and energy (depending on the options selected).

The acceptance/registration of the use of this service implies the acceptance of each and every one of these general conditions of use and those that may be established unilaterally and at any time by SMARTSCAPES. It is the responsibility of the user to read and accept the general conditions of use in force each time they are updated.

Object of the Service

ARCHITEChTURES service will be provided under the current regulations in the State of Spain, however, it can be offered and used in any geography.

The service is configured as making available for your use of the application ARCHITEChTURES in accordance with the specific mode that has been selected.

The usage modes (also referred to as "service levels") of the platform are as follows:

a) Single-user modes:

I. Viewer

II. Pro

III. Education

b) Team modes (multi-user):

I. Business

II. Academy

III. Custom

The Viewer mode (formerly referred to as "Free" in the platform version before May 31, 2023) is used to view a BIM project and its associated data shared by third parties on the ARCHITEChTURES platform. The Viewer mode is free and can be accessed by registering or at the end of any paid mode.

The Pro mode is used for real-time design of multifamily residential buildings. The Pro mode offers the following recurring Payment Plans: a free trial period (with limited functionality in project sharing and the generation of design downloads), a monthly subscription period, and an annual subscription period.

The Education mode is used by current students and teachers. Its functionality is similar to Pro but offers less project storage and has restrictions on project sharing and the generation of design downloads. The Education mode offers the following recurring Payment Plans: a monthly subscription period and an annual subscription period.

The Business mode is similar to Pro but can have more than one account linked to a user (multi-user), sharing settings (presets), storage, etc.

The Academy mode is similar to Education but can have more than one account linked to a user (multi-user), making it ideal for teachers with groups of students. It also shares settings (presets), storage, etc.

The Custom mode is similar to Business but is customized for each client, even allowing for certain custom functionalities.

There are Add-ons that allow for the customization of each mode to better suit user needs, including unlimited project storage, expanded file downloads, the number of users, and more.

You can find a detailed description of the platform's usage modes and their add-ons in the following link.

The options and characteristics of each payment plan and add-on may be modified by the company without prior notice and at its sole discretion but notifying the user of the changes and offering, in the only case of a substantial alteration of the service offered, exists the possibility of recovering the proportional part of the subscription and canceling the service.

Nature and Limitations of the Service

The acceptance of these General Conditions of Use by you implies consent to be bound by them in terms of rights and obligations with SMARTSCAPES. In this sense, this legal relationship should be understood as the power to use the application owned by SMARTSCAPES, personally and individually, and as an end user.

Therefore, in no way may the relationship established between both parties be interpreted in the sense that there is any type of license in terms of reproduction, distribution, copy, lease, or permission to generate any work derived from ARCHITEChTURES software, as well as the complete programming of the web, leaving, at all times, all the issues relating to Intellectual Property under the full ownership of SMARTSCAPES.

The use granted to the User is as an end user, so it is expressly forbidden to transfer the credentials to a third party other than the registered user, as well as to make any kind of commercial exploitation of the services offered by SMARTSCAPES.

Regulations and Interpretation, and Jurisdiction

a) For Users residing in Spain and the European Union (EU):

For any question or divergence that may arise on the services contracted, SMARTSCAPES and the User, expressly waiving any other jurisdiction that may apply, expressly submit to the application of Spanish legislation, and the courts that are competent in the city of Malaga.

These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, for the transposition into Spanish law of Directive 97/7/EC, on distance contracts, and for the adaptation of the Law to various Community Directives, and any other legal provisions that may apply.

SMARTSCAPES may modify these General Conditions, by prior communication and acceptance of the same by the user through the application, being considered applicable at the same time that the user expresses his consent.

If any clause included in these general conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness would affect only that provision or the part of it that is null or ineffective, with the general conditions remaining in force in all other respects, with such provision, or the part of it that is affected, not being placed

b) For the Users with domicile in America and the rest of the world:

In the event of any dispute arising out of or in connection with this Agreement, the Parties agree that any controversy or claim arising out of or in connection with this contract, including any question relating to its existence, validity, termination, interpretation, performance or execution, shall be finally settled by arbitration which both parties agree is international in character, being domiciled in different States, and which shall be determined by arbitration, and administered by the international court of arbitration appointed in each State, which we hereby specify:

i) In Chile, it would be administered through the National Arbitration Center (CNA), in accordance with the current Arbitration Rules;

ii) In Colombia, through the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, in accordance with the International Commercial Arbitration Rules,

iii) And in Miami, by the American Arbitration Association (AAA), according to the International Arbitration Rules.

In any case, all the international arbitration procedures that could eventually be developed will be carried out according to the following conditions that we pass into detail:

i) The arbitration will be imparted by a minimum of one arbitrator and a maximum of 3, who will have the condition of a jurist, and will be designated by the indicated institutions in accordance with their rules;

ii) Any substantive dispute that may arise will be resolved in accordance with Spanish law;

iii) The place of arbitration shall be the one indicated in this clause, according to the state of the customer’s domicile;

iv) The arbitration proceedings will be conducted in Spanish;

v) With respect to costs, the parties agree that the arbitrators shall decide in the award on the costs of the arbitration, determining the amount thereof as well as its distribution among the parties.

Contracting the Service

The order of contracting by the User of the selected service level, presuppose the adhesion to the present Conditions, as well as to the rest of the Conditions that regulate the use of ARCHITEChTURES and this web. It is perfected at the same time that the User confirms payment by a reseller (merchant of record), credit card or bank transfer, except in the case of the Viewer Mode, which will be understood at the same time that these Conditions are accepted, at the sign-up, or in the event that there are particular contracting conditions agreed upon by the parties.

In certain cases, at the sole discretion of SMARTSCAPES, a trial period of the platform will be allowed, either free or with a lower payment than usual for a certain time, for example, 15 days. Said trial period will follow a procedure similar to contracting the usual services.

The steps to be followed in order to proceed with the effective contracting of the services in the payment plans and options will be the following:

1. Selection of the level of service, payment plan, of ARCHITEChTURES, as well as its corresponding options.

2. Collection of data to be able to make the contract.

3. Summary of the selected level, indicating the specific data, as well as the total amount, including taxes, if applicable.

4. Order confirmation.

5. Telematic payment to the applicable: reseller, credit card, or bank transfer.

The contracting process will be understood to have been carried out at the moment in which electronic payment is made either directly by credit card or bank transfer or any other accepted payment method, or indirectly via a reseller (merchant of record), except in the event that there are particular contracting conditions agreed upon by the parties, or in the case of the Viewer modality for new users when they validate the registration with the corresponding button.

Before proceeding with the electronic payment, the customer can at any time go back to the steps of the recruitment process. In any case, at the time of Confirmation, the customer must review and confirm the data, as well as modify and correct them if necessary.

For the contracting of add-ons to the service levels, the process will be executed as follows:

1. Subscribe for a service level that allows the contracting of the add-on and be logged in to the platform.

2. Selecting the add-on to be able to make the purchase.

3. Accept the Summary of the selected add-on, where it is shown the specific data, as well as the total amount, including taxes, if applicable.

4. Order confirmation.

5. Telematic payment to the applicable: reseller, credit card, or bank transfer.

Contracting via a Reseller(Merchant of Record)

To ease the payment and taxing process worldwide, we have an authorized reseller and Merchant of Record of the Service, named Paddle, which means that the customer can purchase the Service from Paddle, but the Service is licensed to the customer by SMARTSCAPES.

Paddle accepts different payment methods and different currencies and assists the user in invoicing, taxation, and disputes related to the payments.

More information about Paddle and its terms and services can be found here: https://www.paddle.com/legal/invoiced-business-terms

Refund Policy

Given the special characteristics of design with AI (speed and efficiency that allow designing in minutes) and the immediacy of the service's availability, refunds of the payment plans of the modalities of the platform are not allowed.

Among others, refunds are not accepted for forgetting to cancel, for lack of applicability of the platform, for lack of use of the platform, for specific technical failure of the platform, nor for any other type of cause except for technical errors in a user-initiated cancellation or suspension, demonstrated and in the correct timeframes, that is, before the expiration of the next installment.

However, since the options and characteristics of each payment plan and add-on may be modified by the company without prior notice and at its sole discretion and in the sole case of being a substantial alteration of the service offered, with loss of functionalities, it is offered to extend the subscription period pro-rata for the changes made.

However, since the options and characteristics of each payment plan and add-on may be modified by the company without prior notice and at its sole discretion and in the sole case of being a substantial alteration of the service offered, with loss of functionalities, is offered:

It is not considered a substantial alteration, among others, the change of download formats, the change of the user interface, the loss of certain selectors of design parameters, or the change of the way in which the user performs the edition of the buildings.

Policy for Cancellations, Upgrade, and Suspensions of Payment Services

The cancellation or suspension of payment services will only be possible in the case of subscription services and their associated add-ons.

The cancellation of a subscription is the obligation of the user and must be done through his user area, he will be notified by email of the acceptance of said cancellation of the subscription, in case of not receive said notification the user can claim to the email: info@architechtures.com.

The cancellation or suspension of a subscription can only be done for the "non-renewal" of the same and no new charges are produced to the user's account, but in no case does it affect the period already paid for, which must be fulfilled in its entirety.

It is only possible to make an Upgrade from a monthly payment plan to an annual plan or another of similar characteristics, for which the proportional part already consumed of the monthly payment plan will be prorated and the appropriate part of the annual payment plan will be deducted.

Amount

The use of the services described in these General Conditions of Use will imply different amounts according to the choice between the different plans, add-ons, and payment options of ARCHITEChTURES as detailed above in the section of Object of the service.

The cost of the different plans, add-ons, and price options of ARCHITEChTURES services will be the one established for each of them and in force at all times and is accessible through this website. SMARTSCAPES reserves the right to modify these amounts at any time.

The User will pay for the plans, add-ons, and options for access to the selected ARCHITEChTURES services, using the payment gateway enabled by SMARTSCAPES, and managed by a specialized entity or, if not agreed upon, by bank transfer. The payment is made on a secure server. At the time of payment, SMARTSCAPES will issue a confirmation of the contract to the email address indicated by the User. For security reasons SMARTSCAPES does not store in any way the payment data, leaving the entire purchase process to the entity. SMARTSCAPES only receives the authorization code or the cause of the failure of the operation.

Duration of the Service

The service, plan, or add-on, whose request is being accepted by the acceptance of the following General Conditions, has a specific period of time, depending on the type selected by the User as detailed above in the section of Object of the service.

Upon termination of the service, SMARTSCAPES will inform the user of the deletion of personal information, including projects, from SMARTSCAPES' servers 15 calendar days in advance by means of the contact email indicated by the user at the time of registration.

After the expiry of this period, SMARTSCAPES will not be responsible for the documentation stored in ARCHITEChTURES.

Responsibility

a) About the Documentation

According to the service provided by SMARTSCAPES and that has been described above, at no time may SMARTSCAPES be held responsible for issues related to the content of documentation and/or designs generated or modified by ARCHITEChTURES, as well as the final destination of the same, being the total responsibility of the User, as well as all possible damages that may be generated, from which SMARTSCAPES will be completely exonerated.

According to the fact that SMARTSCAPES does not perform any control function about the use and way of using the functionalities that the ARCHITEChTURES application allows to the User, nor about the operation and final destinations of the designs, it will not assume any kind of responsibility or claim for damages of any nature that may be due to the use and subsequent management on them, as well as errors that could suffer the designs, contents, and documents, uploaded by the user, and on which the functionalities of ARCHITEChTURES are applied.

b) Availability and Operation

According to the nature of the services, SMARTSCAPES, does not guarantee the full availability of access and use of services, so the service may be temporarily interrupted.

Similarly, SMARTSCAPES will not be liable for any error or malfunction limiting access to or use of the services.

Based on the above SMARTSCAPES, will not assume, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the website, application, and its services.

c) Performance

Since the service of use of the ARCHITEChTURES application is telematic in nature, its performance will depend directly on the speed of the connection available to the User, so SMARTSCAPES cannot be held responsible for a low speed of access to ARCHITEChTURES.

For the proper performance and usability of the application, SMARTSCAPES recommends having a symmetrical internet connection. Not having this connection can substantially reduce the ability to load documentation in ARCHITEChTURES.

User obligations

Once the User has contracted the specific level of use and/or add-on of ARCHITEChTURES, he must use it in accordance with the rules and customs of good faith, refraining from any activity or action that is contrary to legislation.

You agree to provide truthful information, assuming SMARTSCAPES that all information provided corresponds to reality, and operates with due accreditation and consent.

Personal Data Protection

SMARTSCAPES declares the observance of the regulatory framework on personal data protection, composed by the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RGPD), as well as the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). In this sense, in relation to the personal data to be processed, it establishes the following:

a) In relation to the personal data relating to the Users, they will be used exclusively for the purpose of formalizing and managing this contract,

They will be kept by SMARTSCAPES, during the time of its validity, and subsequently, during all the period in which legal responsibilities could be derived.

The User has the right to access, rectify, delete, limit the processing, oppose the processing, and request the transfer of these data to another data controller at info@architechtures.com.

b) In relation to the provision of services, SMARTSCAPES, may have access to personal data under the responsibility of the User, so it must treat them only and exclusively for the purposes described in these General Conditions, assuming the following obligations:

i) Treat the Personal Data according to the service provision and use of ARCHITEChTURES.

ii) Not to use or apply the Personal Data for any purpose other than the execution of the object of the Contract.

iii) Treat the Personal Data in accordance with the security criteria and the content provided for in Article 32 of the RGPD, as well as observe and adopt the necessary or appropriate technical and organizational security measures to ensure the confidentiality, secrecy, and integrity of the Personal Data to which it has access.

iv) In particular, and without limitation, SMARTSCAPES is obliged to apply the basic or simple risk and safety level protection measures, according to RGPD.

v) To maintain the most absolute confidentiality on the Personal Data to which it may have access during the provision of the service to the User.

vi) Unless in each case with the express authorization of the User not to communicate (give) or disseminate the Personal Data to third parties outside the business relationship.

vii) Appoint a Data Protection Delegate, if necessary, according to the RGPD, and communicate it to the AEPD.

viii) Once the contractual relationship SMARTSCAPES, undertakes, as appropriate, to return or destroy (i) the Personal Data to which it has had access, (ii) the Personal Data generated by the successful bidder by reason of treatment, and (iii) the media and documents in which any of these data, without keeping any copy, unless it is permitted or required by law or by the rule of community law, in which case will not proceed to the destruction of the documents.

ix) SMARTSCAPES may, however, keep the data for as long as responsibilities may arise from its relationship with the User. In this last case, the Personal Data will be kept blocked and for the minimum time, being destroyed in a safe and definitive way at the end of this period.

x) The processing of Personal Data will be carried out in SMARTSCAPES' automated processing systems, which will be under your control.

xi) Unless otherwise indicated, the processing of Personal Data will always be carried out within the European Economic Area or another space considered by the applicable regulations as having equivalent security,

xii) SMARTSCAPES will proceed to communicate immediately, and no later than within 24 hours, any violation of the security of personal data under its responsibility of which it becomes aware, along with all relevant information for documentation and communication of the incident or any failure in its system of processing and management of information that has had or may have jeopardized the security of personal data, its integrity or availability, as any possible violation of confidentiality as a result of the disclosure to third parties of data and information obtained during the execution of the contract.

xiii) SMARTSCAPES will assist the User, whenever possible, in the fulfillment of its obligations regarding (i) security measures, (ii) communication and/or notification of breaches (achieved and attempted) of security measures to the competent authorities or stakeholders, and (iii) collaboration in carrying out impact assessments regarding the protection of personal data and prior consultation in this regard with the competent authorities; taking into account the nature of the processing and the information available to it.

xiv) To have evidence that demonstrates its compliance with the regulations on the protection of personal data and the duty of active responsibility.

xv) At the end of the contract, the duty of secrecy will continue, without a time limit, for all persons involved in the execution of the contract.

Conflicts and Incidents

SMARTSCAPES reserves the right to suspend the User's use and access to the ARCHITEChTURES application, in the event of illegal and improper use of the aforementioned application, or failure to pay the amounts that have accrued as a result of the use of the same, or failure to renew the service under the specific terms for them

In order to proceed with this, SMARTSCAPES will notify the User of the specific situation at the contact email address indicated by the User at the time of registration, warning him/her of this circumstance.

Similarly, SMARTSCAPES may send information to the appropriate judicial and police authorities in the event of any unlawful behavior.

Intellectual and Industrial Property

a) About the Application:

Each and every one of the elements that make up this website, as well as the application ARCHITEChTURES, images, logos, code used, etc. ..., as well as names used, are for the exclusive use of SMARTSCAPES, they can neither be used, reproduced, distributed or copied, nor it is understood that any license has been granted, so that all rights relating to intellectual property, and eventually industrial property, of the same, correspond exclusively to SMARTSCAPES, without any license or assignment of the same can be interpreted.

b) Permits and Licenses:

SMARTSCAPES reserves the right to quote the User of ARCHITEChTURES, as well as to use its trade name or trademark only to identify it as an example of a user of the former, and reciprocally, the User may indicate that he uses ARCHITEChTURES.

In this sense, both SMARTSCAPES and the User are granted, respectively, licenses to reproduce their commercial identification (trade name, brand, logos, etc...), for use as a reference on the websites, commercial presentations, and social networks of both parties.

c) About the designs:

The User is identified as the author of the designs and different elements that are either generated or loaded into ARCHITEChTURES. In this sense, indicate that according to the functioning of the technology of Artificial Intelligence and Machine Learning on which supports ARCHITEChTURES, proceed to the storage of generic form of certain geometric parameters of these designs and other metadata. This storage in the database (Big Data) of ARCHITEChTURES, is made in terms of geometric elements incorporated by the user, as well as on the solutions proposed by ARCHITEChTURES, because of the application of its various functions. Therefore, by accepting these conditions, the User gives express permission, not revocable, and without any temporal and / or geographical limitation, for SMARTSCAPES, to proceed with the storage of such elements, as well as its subsequent use by the artificial intelligence system of ARCHITEChTURES.