GRAPHISOFT SOFTWARE LICENSE AGREEMENT - Nemetschek Creator

Version 1.0: effective as of October 28, 2026

IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING TO THE “I ACCEPT” BUTTON FOR THE SUBSCRIPTION(S) CONTAINING THE SOFTWARE, YOU, AS THE CUSTOMER OR THE REPRESENTATIVE OF THE CUSTOMER (DEFINED BELOW), DECLARE TO HAVE READ THE FOLLOWING GRAPHISOFT SOFTWARE LICENSE AGREEMENT ("AGREEMENT"), AND YOU INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT TO, THIS AGREEMENT IN RELATION TO THE SOFTWARE ON BEHALF OF THE CUSTOMER AND ANY USERS, IF ANY, WHETHER OR NOT EACH SUCH USER INDICATES HIS/HER INDIVIDUAL ACCEPTANCE. YOUR ACCEPTANCE INCLUDES IN PARTICULAR THE LIMITED WARRANTY, INDEMNITY, PERSONAL DATA PROCESSING FOR YOURSELF AS CUSTOMER, YOUR EMPLOYER (IF ANY) AND ANY AUTHORIZED USERS WHETHER OR NOT EACH SUCH AUTHORIZED USER INDICATES THEIR INDIVIDUAL ACCEPTANCE.

IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY STOP USING THE SOFTWARE.

1. LICENSE

1.1. Graphisoft SE Private European Company Limited by Shares, Záhony utca 7. Budapest H-1031 Hungary https://graphisoft.com ("Graphisoft") licenses the Software (defined below) to You, an individual or as the representative of and on behalf of Your employer (collectively referred to as "You" or "User") only upon the condition that You accept all of the terms contained in this Agreement. By accepting the terms of this Agreement, You expressly declare and confirm that You have the full power and capacity to represent Yourself, Your employer and/or the entity on behalf of which You are acting (if any). Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under this Agreement.

1.2. This Agreement constitutes a non-exclusive, non-transferable, non-sublicensable, limited license for You to use the Software for its designated purpose according to the terms and conditions of this Agreement. The Software is licensed, not sold, to You exclusively for Your own use under the terms and conditions of this Agreement.

1.3. The Software means Nemetschek Creator subscription product, the associated documentation, together with the upgrades, updates, new versions, and fixes provided to You by Graphisoft.

1.4. The Software is owned by Graphisoft and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, Graphisoft reserves all rights to the Software not expressly granted hereunder and to any reproduction of the Software including its documentation, logos, trademarks, icons, and interface in whole or in part. If You copy or use all or any portion of the Software without entering into this Agreement or obtaining the prior written permission of Graphisoft or in non-compliance with any of the terms of this Agreement, You are violating copyright 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.

1.5. In order to use Your subscription to the Software, You acknowledge that You are required to log in with Your valid Graphisoft ID at the start or regularly during the term of this Agreement, as required by Graphisoft. Graphisoft ID is to be obtained from Graphisoft at https://graphisoftid.graphisoft.com.

1.6. YOU ARE ENTITLED TO USE THE SOFTWARE IF YOU PURCHASED A SUBSCRIPTION CONTAINING THE SOFTWARE.

2. INTERNET-BASED AND NON-INTERNET BASED SERVICE COMPONENTS

Your access to the features and functionalities of the Software depends on the role that was assigned to You in each project created in the Software by the administrator of the project.

2.1. GENERAL PROVISIONS:

2.1.1. The Software may contain technological measures that are designed to prevent and detect unlicensed use of the Software (hereinafter the "TPM") used by Graphisoft or its suppliers to collect, transmit and use for law enforcement purposes technical data from Your computer (hereinafter the "Technical Data") in order to prevent and detect unlicensed use of the Software and enforce Graphisoft's intellectual property rights.

2.1.2. You hereby expressly accept that Graphisoft or its assignee will use TPM to confirm that You have a legally licensed copy of the Software and that You use the Software according to the terms and conditions of this Agreement.

2.1.3. If Graphisoft finds that You are not using a licensed copy of the Software, or that Your use of the Software infringes the terms and conditions of this Agreement, this qualifies as material breach of this Agreement that gives Graphisoft the right to terminate this Agreement with immediate effect without notice and You shall be obliged to compensate Graphisoft for its damages and expenses occurring in connection with the unlawful usage and the breach of this Agreement, and Graphisoft shall be entitled to enforce other rights and claims under the governing laws in force, furthermore You will not be allowed to use future updates of the Software.

2.2. SPECIAL PROVISIONS:

2.2.1. The Software may contain components that enable and facilitate the use of certain Internet-based and non-Internet based services. You acknowledge and agree that Graphisoft may automatically check the operation mode, version of the Software and/or its components, and the related services that You are utilizing in order to check that You are utilizing the Software according to its purpose, and may provide upgrades, fixes or additional services to the Software in order to advance lawful and improved operation thereof at Graphisoft's sole discretion. Graphisoft shall not be liable for any loss of data or malfunctioning of the Software occurring in connection with Graphisoft's conduct under this paragraph.

2.2.2. You acknowledge that Graphisoft shall from time to time, for different reasons, check whether Your copy of the Software is valid for compliant usage.

2.2.3. You acknowledge and accept that any use of license(s) to the Software not complying with this Agreement or applicable law are prohibited. Graphisoft has the right to revoke/invalidate the license found to be used by Graphisoft in a non-compliant manner and delete related content. Your right to use the license and have access to the related content automatically terminates when the license is found by Graphisoft used in a non-compliant manner. Graphisoft notifies You without undue delay on the deletion of the license.

2.2.4. You may use Graphisoft’s AI Visualizer through the Creator, which use is subject to Graphisoft’s AI Solutions EULA available at https://graphisoft.com/legal.

3. INFORMATION AND CONSENT TO USE OF PERSONAL DATA

Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data (including those Technical and Usage Data collected and used by the TPM system) will be collected and processed by Graphisoft for the purposes related to the conclusion and performance of this Agreement, including the fulfillment of Your obligations, such as those related to Graphisoft's intellectual property rights and the improvement of the Software and services.

In line with the above, in particular, the following data processings take place related to this Agreement under the respective terms and conditions:

3.1. Product usage and telemetry data

3.1.1. The Software collects Technical and Usage Data relating to the operation and use of the Software and its functions and sends it to Graphisoft. This may include information about the Software and environment (such as version, configuration, platform, performance and error data), the way Software functions are used (such as feature usage frequency, timing and interaction flows), and pseudonymous identifiers necessary to distinguish sessions and users (such as server‑level identifiers, identifiers of client applications). The exact scope and structure of this Technical and Usage Data may change over time as Graphisoft develops the Software and its telemetry systems

3.1.2. The report is pseudonymous; Graphisoft has no interest in knowing who exactly provided the data, but only to interconnect the data coming from the same User to make statistically correct conclusions about Software usage. Nevertheless, to observe the existence of the marketing consent, the user's Graphisoft ID might get reverse-engineered for a short period of time if specific marketing purpose exists.

3.1.3. Purpose of data processing: collect feedback and assess on how You use the Software, its functionalities, new features, malfunctions in order to improve the software and create solutions to common problems.

3.1.4. Data collection runs automatically in the background. You can object to the data processing by emailing to [email protected], however due to the fact that the data collected is pseudonymous, in order to complete your request, you need to provide your identification to Graphisoft to be able to identify you.

3.1.5. Legal base of data processing: the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to improve the software according to User needs, increasing User satisfaction and consequently the number of Users.

3.1.6. Duration of the data processing: Graphisoft deletes all data five (5) years after the date of data collection.

3.2. Software operation and user management

3.2.1. To use the Software, all users must have a Graphisoft ID registered. Personal data (including Identity and Contact Data such as name, email address and company affiliation) needs to be processed when creating Graphisoft ID on the legal basis of performance of the contract.

3.2.2. The Software collects and stores the following data of Your users: Graphisoft ID, Project ID, email address. When you use the teamwork functionality, all contents uploaded by Your user, together with any and all personal and non-personal information available in the uploaded files or content will be shared with all Your users in accordance with the permission controls that You configure in Software. You are fully liable for all content, sharing, transparent communication of the data processing activities and any authorizations granted to Your users. Graphisoft is only the data processor, and You are the data controller to all this data. By inviting any users you will starting using the Software in teamwork mode. In order to make it possible to collaborate within your team the afore-mentioned data needs to be shared among the team members.

3.2.3. The cloud servers running the Software are activated on Google Cloud and operated by Google. The physical servers are located worldwide, for example within the European Union and also in the United States but the customer is entitled to select the preferred region of the server any time. The collected information and the content uploaded by You and all Your other users when using the Software, are stored on servers used by Graphisoft and provided by Google Cloud. These servers are located both within and outside the European Union. Graphisoft will use its best efforts to set the default data-storage region on Google Cloud based on the country identified during your use of the license, selecting a region as close as practicable to your location to optimize service performance and reduce latency. However, the actual storage location may vary depending on which data centre can provide the most efficient and reliable service at the time. You may change this setting.

3.2.4. When Your license to the Software terminates for any reason, Graphisoft shall delete all your content from the Google Cloud servers used within 2 (two) months after the termination.

3.2.5. The detailed rules on data processing related to Software are contained in the relevant Data Processing Agreement available at https://graphisoft.com/legal.

3.3. Transfer of geolocation data

3.3.1. When using AI-powered simulations (e.g. microclimate, wind speed, sun/shadow and building geometries), Creator transfers geolocation data (coordinates of planned project location) to the applicable AI solution provider(s). This data may constitute personal data in certain cases. The purpose of the data transfer is to enable You to run environmental and building-context analyses on Your projects.

3.3.2. The legal base of data transfer is the performance of the contract under point b. of Article 6(1) GDPR. The applicable AI solution providers act as data processors and retain the provided personal data for no longer than 24 hours, after which it is deleted. The current data processors are Cityweft, Climate Scale Inc. and Infrared City GmbH.

3.4. Software status checking if You are a natural person

3.4.1. The Software collects and sends to Graphisoft certain data of the Software (such as the version, localization, and operation mode of the Software).

3.4.2. Purpose of the data processing: to check lawful usage of the Software.

3.4.3. Legal base of the data processing: processing is necessary to protect Graphisoft’ Intellectual property against piracy and unlawful usage in line with point f. of Article 6(1) GDPR.

3.4.4. Duration of the data processing: the term of Your license.

4. LICENSE PARAMETERS

The license granted by this Agreement is subject to the License Parameters defined hereinafter:

4.1. The Software is provided in a subscription form. The Software can also be used through an add-on to a valid Archicad subscription plan defined by Graphisoft.

4.2. The Software operates as a cloud license. You acknowledge that You need to have a valid Graphisoft ID, to be obtained from Graphisoft at https://graphisoftid.graphisoft.com.

4.3. To activate and use the Cloud license you need an internet connection.

4.4. After activating the Cloud license, the user can use the license on a machine with active internet connection.

A Cloud license can only be used on a limited number of machines at a time.

4.6. When using a Cloud license, it is prohibited to

- mark a license on an offline machine as unused in the server-side registry and activate it on a new machine;

- share the Graphisoft ID name and password with others to use the program from several machines in parallel with one license.

4.7. The Software has its particular file format. Graphisoft makes all economically reasonable efforts to ensure that content prepared using each license of the Software shall be possible to be opened by future Software versions due to a mechanism with which Graphisoft makes its best efforts to migrate such content to the latest version.

5. RESTRICTIONS

5.1. You shall not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part without the prior written consent of Graphisoft.

5.2. You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purpose whatsoever.

5.3. You shall not unlock or otherwise attempt to discover the source code or underlying algorithms of the Software or attempt to do any of the foregoing in relation to the object code of the Software.

5.4. You shall not use the Software for development, compilation, debugging and similar design-time purposes.

5.5. You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software, and from merging the Software into any other software.

5.6. You shall not copy any written materials accompanying the Software.

5.7. You are expressly prohibited from dividing Your License and reselling part(s) of it.

5.8. You shall use all elements of the Software as integral components thereof exclusively for the purposes of performing the Software's functionalities set forth by Graphisoft.

5.9. You are expressly prohibited from providing 'Software as a Service' or 'Platform as a Service' for third parties or other similar services which involve the reassignment of our Software licenses to third parties e.g.: remarketing, reselling services or cloud services.

5.10. You are prohibited from circumventing or supplying a system in order to circumvent the TPM of the Software and using the Software in any other unauthorized manner.

5.11. In case of infringement of any provisions of this chapter, you expressly acknowledge that it constitutes material breach of this Agreement giving the right to Graphisoft to immediately terminate this Agreement, and Graphisoft will take the necessary measures in order that the infringement be terminated and to enforce your compliance with the above provisions. In addition, Graphisoft shall be entitled to enforce payment for its damages as well as other rights and claims under the governing laws in force resulting from your breach of this Agreement.

6. TERMINATION

6.1. This Agreement remains in effect until it is terminated.

6.2. Graphisoft may terminate this Agreement with immediate effect without notice, following Your breach of any part of the Agreement. The actual or attempted violation of any of the provisions of the LICENSE PARAMETERS or RESTRICTIONS, as set out above, shall be a material breach of this Agreement giving the right to Graphisoft to terminate this Agreement with immediate effect.

6.3. Upon termination by Graphisoft, You are obliged to compensate Graphisoft for its damages and expenses occurring in connection with the breach of this Agreement and Graphisoft shall be entitled to enforce other rights and claims under the governing laws in force.

6.4. Your license to the Software terminates if Graphisoft, at any time and for any reason, including addressing competitive demands, encountering technical issues or changes in third party technologies involved, responding to a government regulation, order or law, or to advance innovation in its offerings, terminates, in whole or in part, the Software or ceases to provide the services necessary to the activation and operation of the license ("End-of-Life"). On the designated date for a product End-of-Life, Graphisoft will no longer provide: (i) technical support; (ii) Updates; and/or (iii) support services ("End-of-Life"). For any Software subject to an End-of-Life designation, Graphisoft will post relevant dates on its website at least 90 (ninety) days prior to the End-of-Life effective date and will use commercially reasonable efforts to assist You in such transition.

6.5. In case of termination for any reason, under no circumstances will Graphisoft be liable for reimbursing the price of the Software (if any) or for any compensation of other damages.

6.6. Upon termination, You must stop using the Software immediately.

7. LIMITED WARRANTY

7.1. The limited warranty period commences on the date when You first used or installed the Software.

7.2. You understand that the Software may have errors and may produce unexpected results. You agree that any use of the Software, will be entirely at Your own risk. You agree to back up data and take other appropriate measures to protect Your programs and data. You agree not to allow any third party to use the Software on Your or other computer hardware and thereby You indemnify and hold Graphisoft harmless for any damages or claims arising from any use by a third party.

7.3. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY RULES OF APPLICABLE LAW THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO ITS CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE DESIGNS, SIMULATIONS, CALCULATIONS, ETC. CREATED WITH SOFTWARE BEING COMPLIANT WITH APPLICABLE RULES AND STANDARDS, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE'S FUNCTIONS. THE SOFTWARE COULD NOT BE TESTED FOR EVERY USAGE SITUATION THUS IT ONLY ASSISTS YOU IN YOUR DESIGN, CALCULATION ACTIVITIES AND THUS IT IS YOUR RESPONSIBILITY TO CHECK THE OUTPUTS OF THE SOFTWARE FOR ACCURACY AND COMPLETENESS. 

7.4. No advice or information given by Graphisoft employees, its partners, resellers, agents, or consultants shall constitute a warranty by Graphisoft or extend the warranty in this Agreement. This Agreement and the warranty provided herein may only be modified by a written amendment signed by a duly authorized executive officer of Graphisoft. 

7.5. To the maximum extent permitted by the mandatory rules of applicable law Graphisoft excludes its liability for any loss or damages whatsoever, including but not limited to loss of data, damages for lost income, business interruption, loss of business information, or other special, incidental, consequential, exemplary, multiple, or indirect damages or other pecuniary loss, arising from the use or misuse of the Software, or otherwise under this Agreement, even if Graphisoft or its employees, resellers, or agents have been advised or should have known of the possibility of such damages. In no event will Graphisoft's aggregate liability for any breach of this Agreement, use of the Software or otherwise, exceed the amounts actually paid by You to Graphisoft for this copy of the Software, except as otherwise required by applicable statutory law. 

7.6. You accept and confirm that the price of the Software (if any) or the free of charge provision of the Software and the conditions of this Agreement advantageous to You hereof have been determined in consideration of the above provisions on limited warranty.

8. OWNERSHIP OF LOADED CONTENT, THIRD-PARTY MATERIALS, SERVICES

8.1. All title, ownership rights, and proprietary rights in and to the information and other content (e.g., commercial and third-party add-ons) loaded into the Software from any electronic media or Internet by operation of the Software (collectively, "Content") is the property of the applicable Content owner, including, without limitation, Supplier, its affiliates, and any Internet Content providers ("Content Providers"). This Agreement does not give You ownership or any other rights with respect to any such Content and Graphisoft does not undertake any liability for any such Content.

8.2. You accept that the use of some Graphisoft products and some third-party materials and services included in or accessed through the Software are subject to other terms and conditions found in separate Agreement(s) located at https://graphisoft.com/licenses, which You also accept by accepting the terms and conditions of this Agreement.

8.3. You accept that the use of some Graphisoft and some third-party materials, software and services accessed, used with the help of the Software, may be subject to other terms and conditions found in separate Agreement(s) not appearing at the link indicated above, for which Graphisoft does not assume any liability. Graphisoft also does not assume any liability for the co-operation of the Software with third-party materials, software and services or for the operation and use of third-party materials, software and services.

9. SPECIAL PROVISIONS REGARDING ARTIFICIAL INTELLIGENCE

9.1. Using the Software. The Software may the User to submit input, such as text, information, voice, files (e.g. Excel, Word, PDF) and/or image inputs (“Prompts“), converse with an online computer-powered chatbot, have User's device and software checked, receive recommendations and suggestions for IT and other related issues, and allow the Software to take certain actions on User's device and software. User hereby represents, warrants and covenants that User shall use the Software only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or organization (including, without limitation, intellectual property rights, and proprietary and privacy rights).

9.2. By using the Software, User agrees: (i) not to engage in activity that is harmful to User or others or otherwise cause harm to devices, software, individuals, organizations (including User's organization or User's MSP, if applicable), any community or society; (ii) not to engage in activity that is harmful to Graphisoft or the Software, including bot/scraping behaviours, malicious software, technical attacks, excess usage, prompt-based manipulation, and other off-platform abuses; (iii) not to engage in activity that violates the privacy of others, including, without limitation, disclosure of personal information or taking photographs or video/audio recordings of others without their consent for processing of an individual's biometric identifiers/information using the Software; (iv) not to engage in activity that is fraudulent, false, or misleading; (v) not to infringe on the rights of others; (vi) not to upload or include any sensitive content or data in a Prompt such as but not limited to, personal data and trade secrets; (vii) not to use Software to create or share inappropriate content or material. User shall not generate defamatory, libelous, harassing, abusive, or hateful content. Software may not be used to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive; (viii) not to use the Software to circumvent, disable or otherwise interfere with security-related features and passwords or impersonate others; (ix) not to use the Software or any Output to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, the Software and/or our products and services; and (x) not to do anything illegal; (xi) engaging in any activity that has a high risk of physical or economic harm; and/or (xii) represent that Output was human-generated when it was not. Software may block any Prompts or Outputs that violate this Agreement, or that are likely to lead to the creation of material that violates this Agreement. Images or text that violate this Agreement may be removed at our sole discretion. Abuse of the Software, such as repeated attempts to produce prohibited content or other violations of this Agreement, may result in service or account suspension and/or cancelation. In the event of intentional or unintentional inclusion of sensitive data, such as personal data and/or trade secrets in the Prompts, Graphisoft shall not be liable for the use and storage of such data. Subject to the Customer's compliance with this Agreement, the Customer is responsible for all content and must ensure that it does not violate any applicable law, ethical standards or the terms of this Agreement.

9.3. Content. Graphisoft does not claim ownership of Prompts, or any other content the User provide, post, input, or submit to, or receive from, Software (including feedback and suggestions). User will need to make User's own determination regarding the intellectual property rights User may have in output content and its commercial usability. User warrants and represents that User or User's organization owns or otherwise controls all of the rights to User's content as described in this Agreement including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the content. 

9.4. To the maximum extent permitted by law, Graphisoft shall have no liability to User and third persons with respect to the Prompts and or any answer, suggestion, recommendation, communication, action, device and software health checks and diagnostics, result or any other output created or action taken by the Software (“Output”), including, without limitation, liability with respect to: (i) any information (including User's confidential information) contained in or apparent from any Prompt and/or the Output or User's reliance thereon; (ii) any claims, copyright, personal right infringement or infringement to or by a third party in relation to or in connection with the Prompt and/or the Output; and/or (iii) any device or software check, test, examination and any action taken by the Software.

9.5. User warrants, represents and covenants that: (i) User owns or has a valid and enforceable license or appropriate basis and all the necessary rights to use, submit or transmit all the Prompts and use the Software; (ii) that no Prompt or Output (as defined below) infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; and (iii) User shall not disseminate or distribute the Prompts or Output in breach of any applicable law or third party's intellectual property rights or other rights. Notwithstanding anything to the contrary, User hereby grant Graphisoft and its affiliates a worldwide, non-exclusive, royalty-free, paid-up, irrevocable right and license to copy, process, create derivative works of, modify, adapt, and otherwise use Prompts and the Output (in any media, now known or hereafter developed): (A) during the term of this Agreement, for the purpose of providing the services under this Agreement (such as providing, administering, and maintaining the Software; and (B) on a perpetual basis for the purpose of generally improving Graphisoft's services, enhancing the Software and Graphisoft's products and services (such as developing new features and functionalities) provided that the Prompts are anonymized, de-identified or pseudonymized.

9.6. No Guarantees; No Representations or Warranties; Indemnification by You. User acknowledges and agrees that artificial intelligence and machine learning are rapidly evolving fields, and that, given the probabilistic nature of artificial intelligence and machine learning, use of the Software may in some situations result in incorrect Output and/or the Output may not be unique across users and the Software may generate the same or similar Output for different users of the Software and that the Output may derive from a variety of sources (including, third party AI tools and providers). User is solely responsible and liable for evaluating and verifying (including without limitation by human review) the Output as being suitable and appropriate use. Graphisoft recommends User to carefully test, review, and vet the Output before use or another implementation.

Graphisoft makes no guarantees or promises about how the Software operates or that it will function as intended. Software is not error-free, may not work as expected, and may generate incorrect information, recommendations, or actions.

User hereby represents, warrants and covenants that User shall use any Output (including content, recommendation or suggested action) from the Software in accordance with this Agreement and applicable laws and subject to any third-party rights. In addition, User agrees to defend, indemnify and hold harmless Graphisoft, its affiliates, employees, our respective officers, directors, and any other agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from, or relating to, User's use of the Software (including, the Prompts and the Output), including User's subsequent use of any content, recommendation or approval of action received from the Software and User's breach of this Agreement, the EULA, or any  applicable law. User shall not circumvent or bypass any protective measures made available by Graphisoft or a third-party, including but not limited to those intended to help prevent copyright infringement, data breaches, or security incidents. User shall not (i) use the Software or the Output to develop, train, or improve other AI services or AI models, unless explicitly permitted by Graphisoft, or (ii) use web scraping, web harvesting, or web data extraction methods to extract data from the Software or Output.

9.7. Updates and runtime restrictions. To the maximum extent permitted by law, Graphisoft reserves the right to restrict (remotely or otherwise) usage of the Software in violation of this Agreement or applicable rules of law, update the Software through electronic means, or modify the output of the Software based on updates.

10. CONFIDENTIAL INFORMATION

10.1. You agree that the characteristics, performance of the Software and any associated documentation together with this Agreement as well as any other information shared with you, which reasonably understood to be confidential are all confidential information and constitute trade secrets of Graphisoft (hereinafter this information is referred to as "Confidential Information").

You acknowledge that this Agreement will obligate Graphisoft to make such Confidential Information available to the necessary extent to You.

10.2. You acknowledge that any disclosure of Confidential Information to third persons could cause serious harm to Graphisoft and, as an essential term and condition of Your access and use of the Software. You agree, that unless required by the mandatory rules of applicable law or binding ruling of a competent authority, not to disclose any Confidential Information out of your organization to any person or organization until the earlier of (a) the date on which Graphisoft first makes this information publicly available, or (b) twelve months after the date of terminating this Agreement by You ("Non-Disclosure Period"). During the Non-Disclosure Period, You agree not to disseminate, publish, or otherwise communicate any review, account, description or other information concerning the Software, except directly to Graphisoft or with the express prior written consent of Graphisoft.

10.3. If You are an employee of a company, partnership or other trading entity, You agree to take all reasonable steps to ensure that the employees, officers, and other colleagues guard against and prevent disclosure of the Confidential Information and that You and they will act in accordance with the confidentiality provisions of this Agreement. You further agree that You will make information available only on a strictly "need-to-know" basis.

11. GENERAL AND CLOSING PROVISIONS

11.1. Technical Support. This Agreement DOES 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.

11.2. Limitations. You accept that the Software may have time/functionality limited components, which may be used in their full functionality in case of purchase of the relevant license(s).

11.3. Graphisoft ID registration. In order to use the Software, You acknowledge that You need to have a valid Graphisoft ID, to be obtained from Graphisoft at https://graphisoftid.graphisoft.com.

11.4. Software activation and usage. To activate and use the Software You need an internet connection, and You have to comply with the hardware and software requirements determined by Graphisoft at https://www.graphisoft.com/resources-and-support/system-requirements.

11.5. Additional functionalities. Unless otherwise provided, the terms and conditions of this Agreement shall be applicable to the additional functionalities of the Software and to the services and content provided to You in relation to the Software.

11.6. Intellectual Property, Branding. The Software offered to You under this Agreement 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. Copyright © 2026 Graphisoft. All rights reserved worldwide.

11.7. Legal documents. This Agreement is to be construed and applied together with other Graphisoft legal documents such as, in particular but not limited to, Graphisoft's Privacy Policy, which are available at https://graphisoft.com/legal. Any terms and conditions of this Agreement 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 and conditions. Any amendments made by Graphisoft cannot be unreasonable or significantly detrimental for You.

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

11.9. Anti-Bribery. Both Graphisoft and You 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 Agreement will be terminated immediately. Such termination will not affect Graphisoft's rights and remedies surviving termination of this Agreement. You will use reasonable efforts to promptly notify Graphisoft if You become aware of any circumstances that are contrary to this acknowledgment.

11.10. Trade and Sanctions. In the context of this Agreement:

11.10.1. both You and Graphisoft 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;

11.10.2. You represent and covenant on a continuing basis that neither You nor the entity You represent or its subsidiaries, affiliates, parties which directly or indirectly own or control it, directors, employees nor the authorized users are or will be designated on any applicable Sanctions and/or Trade Controls restricted parties list;

11.10.3. 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;

11.10.4. The license and Graphisoft’s Software are made available on conditions that they shall not be sold, transferred, released, exported, provided or used by You and/or Your authorized 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 Agreement North Korea, Iran, Syria, Sudan, Cuba, Crimea & Sevastopol and other Ukrainian territories annexed by Russia. You and/or Your authorized users are solely liable for any Content in compliance with applicable Sanctions and/or Trade Controls;

11.10.5. both You and Graphisoft undertake to immediately notify the other party in writing if it receives any notice of, or becomes aware of, any violation of this Section ;

11.10.6. notwithstanding anything to the contrary, either You or Graphisoft shall have the right to (i) suspend the use of the licensed Software and the Gphisoft services; or (ii) terminate this Agreement immediately if any of the provisions of this Section 10 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.

11.11. Audit. You hereby agree that - in addition to any other license compliance checking set forth in this Agreement or elsewhere - Graphisoft has the right to carry out remote, electronic audit and/or physical audit by visiting You at the premises where You use the Software upon 7 (seven) days prior written notice in order to check Your records, systems, facilities to verify that Your use of the Software is fully in line with the provisions of this Agreement 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 Software in line with this Agreement (including but not limited to due payment of the applicable fees, 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 of the software You shall reimburse the fees to Graphisoft arising from the performance of the audit at Graphisoft.

11.12. Privacy. You expressly acknowledge that You and Your authorized users' personal data processed under this Agreement 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 Agreement in relation to its purposes, also in order to prevent unlicensed use of the Software. 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 Agreement 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. As user of the Software, You have the right to access the personal data processed by Graphisoft, to obtain the updating or rectification of such data. You also have the right to obtain the erasure of any personal data if, for instance, such data have either been processed unlawfully or are no longer necessary for the purposes for which they were collected or otherwise processed. In certain cases, such as when the processing is unlawful and you oppose the erasure of your data, you have the right to obtain from Graphisoft the restriction of processing. You also have the right to receive the personal data concerning you, which you provided to Graphisoft, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. If you consider that the processing of your personal data by Graphisoft infringed the GDPR, please contact us first at [email protected]; Graphisoft SE Business Compliance Manager; Záhony utca 7. Budapest, H-1031 Hungary so we can remedy the issue. Of course, in such cases you also have the right to lodge a complaint with the Hungarian Data Protection and Freedom of Information Authority (https://naih.hu/) or another data protection supervisory authority, in particular in the European Union Member State of your habitual residence, place of work or place of the alleged infringement.

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 Agreement available at https://graphisoft.com/legal/privacy-policy.

11.13. Modifications. You accept that Graphisoft may unilaterally modify any term of this Agreement 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.

11.14. Entire Agreement. This Agreement, together with any applicable appendices (including any other terms referenced in any of those documents), constitutes the full, complete agreement between You and Graphisoft concerning the Software and supersedes all prior agreements and understandings, either written or oral. Unless otherwise communicated to You by Graphisoft in writing, the conditions of this Agreement shall apply to the installation and use of additional functions of the Software and to the repair of the Software's installation (if applicable).

11.15. Invalidity. If any part or provision of this Agreement 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 Agreement shall remain in full force and effect.

11.16. Governing Law. This Agreement 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 Agreement are subject to the mandatory rules of applicable law.

11.17. 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.

11.18. Language and Notices. The English version of this Agreement, which is published at https://graphisoft.com/legal , will be the governing version used when interpreting or construing this Agreement. 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, You and Graphisoft communicate with each other in English language through their contact persons via email to the e-mail addresses indicated at Graphisoft ID Company for You and to [email protected] related to the Agreement, respectively.

11.19. Technical usage conditions. To use the Software you need to comply with the hardware and software requirements determined by Graphisoft at https://www.graphisoft.com/resources-and-support/system-requirements. Furthermore, in order to activate and use the software you need an internet connection.

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INQUIRIES

All inquiries regarding this Agreement should be directed to
Graphisoft SE Private European Company Limited by Shares

Záhony utca 7.
H-1031 Budapest, Hungary
Phone: (+36.1) 437-3000
Fax: (+36.1) 437-3099
E-mail: [email protected]  
Web: https://graphisoft.com