Terms of Use – Graphisoft ID Site and other websites operated by Graphisoft

Version 3.3: effective as of September 27, 2023 

Graphisoft makes the website http://graphisoftid.graphisoft.com (also referred to as “the Graphisoft ID Site”), including all services, content, licenses, information, documents, communications, files, text, graphics, software, and products , as well as the Graphisoft account, available for Your use subject to the terms and conditions set forth in this document and the Privacy Policy. We may revise these Terms of Use and Privacy Policy at any time without notice. You are responsible for regularly reviewing these terms and conditions. Continued use of these sites following any such changes shall constitute Your acceptance of such changes.

1. DEFINITIONS

1.1. Customer: the natural person or legal entity who has a Graphisoft ID Company.

1.2. Graphisoft: GRAPHISOFT SE seated at Záhony u. 7. (Graphisoft Park 1.), Záhony utca 7, H-1031 Budapest, Hungary; registered under registration number Cg. 01- 20-000001 by the Municipal Court, Budapest, Hungary.

1.3. Graphisoft ID: Graphisoft ID is a unique identifier generated for You by Graphisoft, based on Your email addresses, for the purposes of: (i) allowing unified login to the various Sites managed by Graphisoft; (ii) verifying the User’s eligibility to use Graphisoft’s products and services; (iii) providing products and services for the User; and (iv) using and managing the software key and the cloud license (if any).

1.4. Graphisoft Account: created for You by Graphisoft for the purposes of (i) allowing unified login to the various Sites managed by Graphisoft; (ii) verifying the User’s eligibility to use Graphisoft’s products and services; (iii) providing products and services for the User; and (iv) using and managing the software key and the cloud license (if any).

1.5. Graphisoft ID Company: a Graphisoft ID Company is a Customer’s account in the Graphisoft ID system. The Graphisoft ID Company settings are an extension of the Graphisoft ID settings of individual Users who belong to the Customer. In the Graphisoft Company account, Customers are entitled to certain online resources that belong to the Customer, not the individual User. A Graphisoft ID Company has always at least one individual User's Graphisoft ID associated with it. This Member of the Graphisoft ID Company is called the "Administrator". Other individual Users belonging to the same Graphisoft ID Company may also join as standard Members, using their own Graphisoft IDs. All Members of the Graphisoft ID Company are entitled and can get access to the resources allocated to the Customer, but only the Administrator has management control over the resources.

1.6. Graphisoft Partner: Graphisoft’s contracted subsidiary, distributor, reseller or agent servicing Graphisoft customers in the country where You are based. The list of current Graphisoft Partners is available at https://www.graphisoft.com/info/where_to_buy.

1.7. Member: is the User who has a valid Graphisoft ID and is linked to a Graphisoft ID Company.

1.8. Site: any websites managed by Graphisoft that supports Graphisoft ID authentication. Graphisoft ID authentication is currently available for, in particular but not limited to, the following websites:

  1. https://buildingtogether.graphisoft.com 
  2. https://gdl.graphisoft.com 
  3. https://graphisoft.com 
  4. https://learn.graphisoft.com 
  5. https://bimx.graphisoft.com 
  6. https://forward.graphisoft.com 
  7. https://store.graphisoft.com 
  8. https://workfromhome.graphisoft.com 
  9. https://accounts.graphisoft.com 
  10. https://graphisoftid.graphisoft.com 
  11. https://vipservice.graphisoft.co.jp 
  12. https://twinmotion.graphisoft.com 
  13. https://myarchicad.graphisoft.com 
  14. https://bimcomponents.com 
  15. https://community.graphisoft.com/ 
  16. https://beta.graphisoft.com/ 
  17. https://studentawards.graphisoft.com/ 
  18. https://enscape.graphisoft.com/ 
  19. https://shop.graphisoft.com

Unless otherwise provided for by a specific Site, this TOU is applicable to all Sites operated by Graphisoft.

1.9. You or “User”: the natural person or legal entity for whom Graphisoft makes the Graphisoft ID Site, the Graphisoft Account Site and all other Sites available for use, including all services, content, licenses, information, documents, communications, files, texts, graphics, software, and products available through the respective Site according to this TOU.

2. YOUR GRAPHISOFT ACCOUNT AND GRAPHISOFT ID

2.1. In order to use any of the Sites or the services available through the Sites, and to authenticate your usage related to Your licenses, You are required to register a Graphisoft Account (including creating a Graphisoft ID) on the Graphisoft ID Site. Setting up a Graphisoft Account takes place by submitting the data and accepting these TOU and Graphisoft’s Privacy Policy at https://graphisoftid.graphisoft.com/#/register.

2.2. You are entirely responsible for maintaining the confidentiality of the information You hold for Your Graphisoft Account, Your Graphisoft ID, Your Graphisoft ID Company, Your passwords, and for any and all activities that may occur concerning Your Graphisoft account, as a result of Your failing to keep these information secure and confidential.

2.3. You agree to notify Graphisoft at graphisoftid@graphisoft.com and Your Graphisoft Partner immediately of any unauthorized use of Your Graphisoft Account, Graphisoft IDs or passwords, or any other breach of security. Graphisoft handles misuses on the basis of its relevant commercial and business policies. You must contact Your Graphisoft Partner for the relevant rules.

2.4. You may be held liable for losses incurred by Graphisoft or any other User of or visitor to the Graphisoft ID Site and other Sites due to someone else using Your Graphisoft ID or Graphisoft ID Company or Graphisoft account as a result of Your failing to keep Your information, defined in this Section 2., secure and confidential.

2.5. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and for ensuring that You “log off”/exit from Your Site account (if applicable) at the end of each session.

2.6. Customer hereby agrees to accept responsibility for all activities that occur under Graphisoft ID Company account or password. Customer is responsible for the conduct of its Users.

2.7. You may not use anyone else’s Graphisoft Account, including Graphisoft ID and/or Graphisoft ID Company at any time without the express permission and consent of the owner of that Graphisoft Account, Graphisoft ID or Graphisoft ID Company. Graphisoft cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

2.8. Graphisoft reserves the right to refuse to set up an account, to terminate accounts, and to remove or edit inappropriate or unlawful content uploaded by Users, at its sole discretion without legal consequences.

2.9. Each User needs and may have only one Graphisoft ID to log in to multiple Sites. If the Customer is a legal entity, then the Customer shall ensure and shall be responsible for that all Graphisoft IDs, used within its organization, shall be dedicated to individual Users.

3. YOUR USE OF THE GRAPHISOFT ID SITE AND ALL OTHER SITES

3.1. Eligibility. You may use the Graphisoft ID Site and all other Sites only if You are (i) over 18 (eighteen) years old, (ii) allowed by law to enter into a binding contract (iii) have a valid Graphisoft ID and (iv) accepted these TOU, the Graphisoft Privacy Policy and any other terms relevant for each Site.

3.2. Graphisoft ID Site is operated by Graphisoft for the following purposes:

3.2.1. Personal Graphisoft ID management (for example email, password management)

3.2.2. Managing Graphisoft ID Company and license management, which features are available for You only if You have already purchased Graphisoft licenses.

3.3. Graphisoft’s Access. Graphisoft will not access, view, or listen to any of Your content, except as reasonably necessary to operate the Graphisoft ID Site and all other Sites. Actions reasonably necessary to operate the Graphisoft ID Site and all other Sites may include (but are not limited to) (i) responding to support requests; (ii) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (iii) enforcing the terms of this TOU.

3.4. Level of Access. Graphisoft does not monitor or control what others do with the data of Your Graphisoft Account, Graphisoft ID and/or Graphisoft ID Company (“Data”). You are responsible for determining the limitations that are placed on Your Data and for applying the appropriate level of access to Your Data. If You do not choose the access level to apply to Your Data, the system may default to its most permissive setting. It’s Your responsibility to let other Users/Members know how Your Data may be shared and to adjust the setting related to accessing or sharing of Your Data.

3.5. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Graphisoft ID Site or any other Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Graphisoft ID Site or any other Site or any Data, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Graphisoft ID Site or a Site. Graphisoft reserves the right to bar any such activity.

3.6. You shall not attempt to gain unauthorized access to any portion or feature of the Graphisoft ID Site and all other Sites, or any other systems or networks connected to them or to any Graphisoft server, or to any of the services offered on or through the Graphisoft ID Site or another Site, by hacking, password “mining” or any other illegitimate means.

3.7. You shall not probe, scan or test the vulnerability of the Graphisoft ID Site and the Sites or any network connected to them, nor breach the security or authentication measures on the Graphisoft ID Site or on the Sites or any network connected to them. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Graphisoft ID Site or the Sites, or any other customer of Graphisoft, including any Graphisoft Account not owned by You, to its source, or exploit the Graphisoft ID Site or any other Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.

3.8. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Graphisoft ID Site or any other Site or Graphisoft’s systems or networks, or any systems or networks connected to the Site or to Graphisoft.

3.9. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Graphisoft ID Site or any other Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

3.10. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Graphisoft on or through the Site or any service offered on or through the Graphisoft ID Site or any other Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

3.11. You shall not use the Graphisoft ID Site or any other Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Graphisoft or others.

3.12. Misuse. You must not misuse the Graphisoft ID Site or any other Site or any content thereon for any purposes different from the purposes specified herein or on the Site or without the express permit of the IP right holder. In particular, You must not:

4. USE OF SITE INFORMATION

You may download, view, print and copy documents and graphics incorporated in the documents from the Graphisoft ID Site and the Sites (hereinafter collectively referred to as the “Documents”) subject to the following: the Documents may be used solely for personal, informational, non-commercial purposes; the Documents may not be modified or altered in any way. Except where Your use constitutes “fair use” under copyright law, You may not otherwise use, download, upload, copy, print, display, reproduce, publish, license, post, transmit or distribute any information from the Graphisoft ID Site or any other Site in whole or in part without written authorization from Graphisoft.

5. INFORMATION YOU SEND TO US

We welcome Your feedback on our products and services available through the Graphisoft ID Site or any other Site. To avoid dispute, however, You agree that any information that You send to us, including but not limited to all suggestions, ideas, concepts, messages, emails, samples, and all other content or submissions shall be deemed, and shall remain, the property of Graphisoft and You hereby assign all rights in these submissions to Graphisoft. If for any reason any rights in any submissions are not assigned, to the maximum extent permitted by the applicable rules of law, You hereby grant Graphisoft a perpetual, irrevocable, fully paid license to use the submissions for any purpose whatsoever. You also hereby give Your consent for Graphisoft to use Your name in connection with Your submissions, or for promotional purposes.

6. LINKS TO OTHER WEBSITES

The Graphisoft ID Site or any other Sites may contain links to other websites and access to content, products, and services from third parties. Graphisoft provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Graphisoft of the Graphisoft ID Site or any other Site. You agree that Graphisoft is not responsible for the privacy practices of, availability of or content provided on third party websites. Please refer to the policies of the respective Site.

7. NO SPAMMING

Graphisoft post several email addresses on Graphisoft ID Site and other Sites for Your convenience in contacting Graphisoft and for participating in forums and contests. You agree not to gather any such email addresses for the purposes of sending bulk email (i.e. spamming).

8. DISCLAIMER

8.1. Except where expressly provided otherwise in a written agreement between You and Graphisoft, or otherwise regulated by the mandatory rule of applicable law, the Graphisoft ID Site and all other Sites, and all content, materials, information, software, products and services provided on them, to the maximum extent permitted by the applicable rules of law, are provided on an “as is” basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement.

8.2. Graphisoft makes no warranty that the Graphisoft ID Site or any other Site will meet Your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that this site is free of viruses or other harmful components; or that the quality of any products, services, information, or other material purchased or obtained by You through the Graphisoft ID Site or any other Site will meet Your expectations.

8.3. Any content, materials, information or software downloaded or otherwise obtained through the use of the Graphisoft ID Site or any other Site is done at Your own discretion and risk. To the maximum extent permitted by the applicable rules of law, Graphisoft – to the maximum extent permitted by the mandatory rule of applicable law – excludes its responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software.

8.4. It is Your responsibility to ensure the hardware and software infrastructure, internet connection to the use of the Site in appropriate quality and in particular to be able to view the streaming in proper quality. To the maximum extent permitted by the applicable rules of mandatory law Graphisoft excludes its liability for any inability to reach the Site or for the low quality of the streaming made available through the Site due to the poor hardware and software infrastructure or internet connection.

8.5. Graphisoft reserves the right to make changes or updates to the Site at any time without notice.

8.6. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

8.7. Graphisoft reserves the right to do any of the following, at any time, without legal consequences and notice: (i) to modify, suspend or terminate operation of or access to the Graphisoft ID Site or any other Site, or any portion of the Graphisoft ID Site or any other Site, for any reason; (ii) to modify or change the Graphisoft ID Site or any other Site, or any portion of the Graphisoft ID Site or any other Site, and any applicable policies or terms; and (iii) to interrupt the operation of the Site, or any portion of the Graphisoft ID Site or any other Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by the mandatory rules of applicable law, in no event shall Graphisoft be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by You or any third party, whether on the basis of breach of contract or warranty, negligence or tort, arising from Your access to, or use of, the Graphisoft ID Site or any other Site or from any other claim related to the Graphisoft ID Site or any other Site.

10. INDEMNITY

As a condition of use of the Graphisoft ID Site or any other Site, You, the Customer, agree to indemnify Graphisoft, and its directors, officers, employees, agents, Partners and suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your use of the Graphisoft ID Site or any other Site, including without limitation any claims alleging facts that if true would constitute a breach by You of these terms and conditions.

11. COPYRIGHT/TRADEMARK INFORMATION

11.1. The Site and the content uploaded thereto (in particular the on-demand video made available through the Site by Graphisoft) are owned by Graphisoft and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, Graphisoft reserves all rights related to the Site and the content uploaded thereto not expressly granted hereunder. If You use the Site in non-compliance with any of these terms, You are violating copyright and/or other intellectual property law, and You may be liable to Graphisoft and its licensors in particular for damages, and You may be subject to criminal penalties.

11.2. Graphisoft, Archicad, BIMcloud and BIMx are registered trademarks of Graphisoft SE. All rights reserved worldwide.

11.3. It is strictly prohibited to multiply, make available or use for any unpermitted purposes the on-demand videos made available through the Site.

11.4. Unless otherwise specified, the following notice applies to all contents of this Site: Copyright © 2023 Graphisoft SE. Graphisoft Park 1, H-1031 Budapest, Hungary. All rights reserved worldwide.

12. SECURITY

Graphisoft uses industry-standard encryption to protect the confidentiality of all information transferred to or accessed on the Graphisoft ID Site or any other Site. All information transferred between Your computer and Graphisoft servers are encrypted to protect the information in transit. With SSL technology, the web address starts with “https://” instead of “http://” to indicate that Your information is encrypted during transmission.

13. USE OF PERSONAL DATA

13.1. You expressly agree that during the term of these TOU, Graphisoft may – in compliance with the Privacy Policy – at any time collect, process, transfer and use information and files gathered as part of and related to Your use of the Graphisoft ID Site or any other Site that may qualify as personal data for the purposes set forth herein and in the Privacy Policy.

13.2. In particular You expressly agree that during the term of these TOU, Graphisoft may collect, process or use this information qualifying as personal data to improve its products and services or to provide customized services or technologies or to troubleshoot any deficiencies in compliance with the applicable rules of law (in particular under Point b. of Article 6(1) GDPR if You are a natural person and Point f) of Article 6(1) if You are an entity and You representative’s/contact person’s personal data is processed).

14. TERMINATION

14.1. Termination by you. You may stop using the Graphisoft ID Site or any other Site at any time. Termination of Your Graphisoft Account, Graphisoft ID or Graphisoft ID Company does not relieve You of any obligation to pay any outstanding fees and other obligations if any.

14.2. Termination by Graphisoft. If Graphisoft terminates these Terms of Use for any reasons other than for cause, then Graphisoft will make reasonable effort to notify You at least 30 (thirty) days prior to termination via the email address You provide to us, with instructions on how to retrieve Your Data. Graphisoft may at any time terminate these terms for cause with You if:

14.2.1. You breach any provision of these terms (or act in a manner that clearly shows You do not intend to, or are unable to, comply with these terms);

14.2.2. You fail to make the timely payment of related fees, if any;

14.2.3. we are required to do so by law;

14.2.4. Graphisoft elects to discontinue the operation of the Graphisoft ID Site or any other Site, in whole or in part; or

14.2.5. there has been an extended period of inactivity in Your Graphisoft Account, Graphisoft ID or Graphisoft ID Company.

14.3. Upon expiration or termination of these TOU, You remain eligible to use any Graphisoft software licenses You purchased according to the applicable terms and conditions. Upon expiration or termination of these terms, the Graphisoft ID Site or any other Site may cease to operate without prior notice.

15. CONTACT

If You have any questions regarding these Terms of Use, please Contact us.

16. GENERAL AND CLOSING PROVISIONS

16.1. General provisions. 

16.1.1. These Terms of Use DO NOT give You the right to any technical support for, or upgrades to, the software which Graphisoft may offer from time to time. Graphisoft may, at its option and as part of its sales and marketing policy, make such technical support and upgrades available to registered Users of the Software under terms to be determined from time to time by Graphisoft or its Local Representatives.

16.1.2. You accept that the Graphisoft ID Site, any other Sites and software may have time/functionality limited components, which may be used in their full functionality in case of purchase of the relevant license(s).

16.2. Intellectual Property, Branding. The Graphisoft ID Site, all other Sites and Graphisoft software and services are proprietary of Graphisoft and its licensors. For the detailed rules on INTELLECTUAL PROPERTY, BRANDING, please read Graphisoft's Intellectual Property Notice available at https://graphisoft.com/legal.

16.3. Legal documents. This Terms of Use is to be construed and applied together with other Graphisoft legal documents such as, in particular but not limited to, Graphisoft's Privacy Policy, constituting inseparable part of this Terms of Use, which are available at https://graphisoft.com/legal. Any terms and conditions of this Terms of Use and all other applicable legal documents may be modified unilaterally by Graphisoft without prior notice to You without any legal or financial consequences for Graphisoft. You are responsible for regularly reviewing these Terms of Use. Any amendments made by Graphisoft cannot be unreasonable or significantly detrimental for You.

16.4. Acceptance. By accepting this Terms of Use, You expressly declare and confirm that the person accepting this Terms of Use on behalf of the Customer has the full power and capacity to represent the customer entity on behalf of which the person is acting. Should this declaration prove to be false, the person accepting this Terms of Use shall be responsible and liable in person for all obligations under this Terms of Use.

16.5. Anti-Bribery. Both You and Graphisoft represent and covenant that they have not, and will not offer, give, solicit, or accept any bribe from any person, organization, or company with the intent to coerce or induce the other party or an employee or agent of the other party to act improperly in the course of their duties. If either party is found guilty of failing to prevent an act of bribery, or makes, offers, or solicits a bribe from the other party, then that party's rights under this Terms of Use will be terminated immediately. Such termination will not affect Graphisoft's rights and remedies surviving termination of this Terms of Use. You will use reasonable efforts to promptly notify Graphisoft if You become aware of any circumstances that are contrary to this acknowledgment.

16.6. Trade and Sanctions. In the context of this Terms of Use:

16.6.1. each Party shall comply with all economic, trade and financial sanctions laws, regulations, embargoes and/or restrictive measures administered ("Sanctions"), as well as all export and import control laws and regulations ("Trade Controls") enacted or enforced by the governments of Hungary, the European Union, and any other relevant country;

16.6.2. User represents and covenants on a continuing basis that neither it nor its subsidiaries, affiliates, parties which directly or indirectly own or control it, directors, employees nor customer's users are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;

16.6.3. Graphisoft represents and covenants on a continuing basis that neither it nor its subsidiaries, affiliates, employees, nor the parties which directly or indirectly own or control it are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;.

16.6.4. The Graphisoft ID Site, all other Sites and Graphisoft products and services are made available on conditions that they shall not be sold, transferred, released, exported, provided or used by You and/or Customer's Users (i) for any purpose or any activity which is prohibited or restricted by Sanctions and/or Trade Controls and (ii) to any country or territory subject to jurisdiction wide Sanctions including without limitation at the date of this Terms of Use North Korea, Iran, Syria, Sudan, Cuba, Crimea & Sevastopol and other Ukrainian territories annexed by Russia. Customer and Customer's Users are solely liable for any Content in compliance with applicable Sanctions and/or Trade Controls;

16.6.5. each Party undertakes to immediately notify the other Party in writing if it receives any notice of, or becomes aware of, any violation of this Section 16.6;

16.6.6. notwithstanding anything to the contrary, either Party shall have the right to (i) suspend the use of the Graphiosft ID Site and of any other Sites; or (ii) terminate this Terms of Use immediately if any of the provisions of this Section 16.6 are breached and in both (i) and (ii) cases (iii) seek indemnities from the Party which has breached the relevant provisions for any direct losses incurred.

16.7. Audit. You hereby agree that Graphisoft has the right to carry out remote, electronic audit and/or physical audit by visiting You at the premises where You use the Graphisoft Site and of the Sites upon 7 (seven) days prior written notice in order to check Your records, systems, facilities to verify that Your use of the Graphisoft Site and of the Sites is fully in line with the provisions of this Terms of Use and with the applicable rules of law. Graphisoft may also appoint a third party to exercise its audit rights. You hereby agree to fully cooperate with Graphisoft in order to successfully perform the audit among others by providing Graphisoft with all requested information and documents. You also ensure to bring your use of the the Graphisoft Site and of the Sites in line with this Terms of Use (including but not limited to due payment of the applicable fees (if any), acceptance of license terms, etc.) as contained in the result of the audit. In case of any non-compliances revealed by the audit related to your use You shall reimburse the fees to Graphisoft arising from the performance of the audit at Graphisoft.

16.8. Privacy. You expressly acknowledge that You and Your authorized users' personal data processed under this Terms of Use will be processed, either manually or with the help of electronic or automated means, in such a way as to minimize, by means of suitable security measures, the risk of unauthorized access or disclosure of Your data. Your personal data will be processed during the term of this Terms of Use in relation to its purposes and performance of the Terms of Use, also in order to prevent unlicensed use of the Graphisoft Site and of the Sites. For the above purposes Your personal data can be disclosed to third parties (service providers, consultants, collaborators, a list of which is available from within the Privacy Policy), either to other EEA or third countries, pursuant to the scope of this Terms of Use and any applicable law. In the event of any data transfers to third countries, Graphisoft always uses suitable safeguards (such as the standard contractual clauses adopted by the European Commission) to ensure the adequate protection of personal data. Graphisoft reserves the right to disclose Your personal data to the competent legal authority if required to do so to enforce or defend its rights or legitimate interests before civil and criminal courts, regulatory bodies, or to execute an order of the competent judicial or regulatory authority.

If applicable, You ensure and warrant to us that Your authorized users' has been duly informed of the collection, processing, transfer and usage of his/her personal information by Graphisoft as per the above, and shall indemnify and hold Graphisoft harmless from and against any related third party claims.

The detailed rules regarding the various rights and obligations related to Graphisoft's data collection, use, transfer, handling, processing, including your subject access rights and rights to legal redress, are set forth in the Privacy Policy constituting an inseparable part of this Terms of Use available at https://graphisoft.com/legal/privacy-policy.

16.9. Modifications. You accept that Graphisoft may unilaterally modify any term of this TOU with or without notice to You. You agree that Graphisoft shall not be liable to you or anyone else for any negative effect deriving from such modifications.

16.10. Entire Agreement. This Terms of Use, together with any applicable appendices (including any other terms referenced in any of those documents), constitutes the full, complete agreement between the User and Graphisoft concerning the Graphisoft Site and of the Sites Software, and supersedes all prior agreements and understandings, either written or oral.

16.11. Invalidity. If any part or provision of this Terms of Use is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Terms of Use shall remain in full force and effect.

16.12. Governing Law. This Terms of Use and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by the laws of Hungary without regard to the conflicts of law provisions of any jurisdiction. All provisions of this Terms of Use are subject to the mandatory rules of applicable law. All provisions of this Terms of Use are subject to the mandatory rules of applicable law.

16.13. Dispute resolution. In the event of any dispute arising from or in connection with the present contract, so especially with its breach, termination, validity or interpretation, the parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be 3 (three) and the language to be used in the arbitral proceedings shall be English. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration.

16.14. Independent Contractors. The Parties are independent contracting parties. Neither Party has, or will hold itself out as having, any right or authority to incur any obligation on behalf of the other Party. The Parties' relationship in connection with this Terms of Use will not be construed as a joint venture, partnership, franchise, employment, or agency relationship, or as imposing any liability upon either Party that otherwise might result from such a relationship.

16.15. Language and Notices. The English version of this Terms of Use will be the governing version used when interpreting or construing this Terms of Use. Any translations thereof shall exclusively be provided for information purposes without any binding force and in no event shall Graphisoft be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from any incorrect, incomplete translations. With respect to all notices, Parties communicate with each other in English language through their contact persons via email to information@graphisoft.com related to this Terms of Use.