General Terms and Conditions

Last Updated: August 2023

1. Applicability

1.1 These present Terms of Service govern the contractual relationship between Amenti AG, a company registered in Switzerland under the number CHE-384.083.884 having its registered office at Seehofstrasse 16, 8008 Zürich, Switzerland (hereinafter “Amenti”, “We”, “Us” or “Our”) and the users of our services (hereinafter “User” or “You” or “Party”). Please read these Terms of Service (“Terms” or “Terms of Service” or “Agreement”) carefully before using the https://amenti.ch website (“Website”) and our services.

1.2 A registration on our Website is a prerequisite for using our services. Amenti provides you with an account where you have to indicate your postal address. When we speak of an “Account”, We mean the user interface on the Website where You can register.

2. Scope

2.1 Subject to these Terms of Service is the present and future use of the Website, online products, software and other services (hereinafter collectively the “Service” or “Services”, as further described under Section 4 below) offered by Amenti.

2.2 These Terms of Service apply to all obligations of the contractual parties in the framework of using the Services. Different agreements on specific provisions shall be invalid unless agreed upon in writing.

3. Term and Termination

3.1 These Terms of Service shall apply during the period of use of the Services of Amenti. Either party may terminate this contract at any time, simply by deactivating the Account, unless a specific subscription model defines it otherwise.

3.2 If one of the Parties is in material breach of this Agreement, the other Party is entitled to terminate this Agreement for cause at any time, if the breaching Party has not remedied the breach to the satisfaction of the other Party within reasonable time, after having received the notice of breach. In addition, Amenti may terminate this Agreement at any time at its sole discretion.

3.3 In the event that the User violates any contractual provisions, by using particular services for unlawful purposes or by making available illegal content or by putting at risk the reputation of Amenti, Amenti is entitled at its sole discretion to deactivate the User Account/User profile without any delay and to terminate this Agreement.

3.4 After the termination of the Agreement Amenti is entitled to delete the data of corresponding Users and You agree and acknowledge that Amenti has no obligation to retain the uploaded data, and may delete such uploaded data without prior notice (i) if you have materially breached this Agreement and such breach has not been cured within ten (10) days‘ notice of such breach or (ii) upon termination of this Agreement for any reason.

3.5 Amenti reserves the right to periodically review these Terms of Service and to make changes to these Terms from time to time. If Amenti does make changes, it will post the amended Terms of its Services and will update the „Last Updated“ date at the beginning of these Terms. Amenti may also attempt to notify the User by sending an email notification or providing notice through the Services. Unless Amenti says otherwise in its notice, the amended Terms will be effective immediately and the User‘s continued access to and use of the Services after Amenti provides notice will confirm the User‘s acceptance of the changes. If the User does not agree to the amended Terms, it must stop using the Services.

4. Services

4.1 Amenti provides an web application for a early phase real estate planning and optimization.

4.2 In specific, Amenti operates an internet platform where Users can enter the address or plot number. Amenti will then show restrictions and potentials for specific plot and propose a building project for specific circumstances. The system generates 3D building solution which corresponds to building law, and extracts areas and volumes. Based on specific cost and income inputs, Amenti calculates an investment return for a scenario. The tool is meant to process many variants quickly and allow to make a strategic decision about starting a project.

4.3 The User takes note that the Services provided by Amenti are versions that are in development. Amenti is continually improving its Services in the interest of its Users. Amenti has the right to extend or restrict the Services provided to you at any time either in order to maintain standards of quality, or in response to technical or economic developments.

4.4 Amenti will use reasonable efforts to provide its Services to the Users in the way described in these Terms. However, the User understands that the use of the Services may, from time to time, be interrupted due to maintenance, troubleshooting, expansion of services, and measures to protect the infrastructure of Amenti. Amenti will inform Users about the kind, extent and duration oft he discontinuation or restriction of the Service as well as about any scheduled downtime via the Website or Email.

5. Third Party Links

5.1 Certain content, products and services available via Our Service may include materials from third-parties. Third-party links on Our Website may direct You to third-party websites that are not affiliated with Us.

5.2 We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

6. Compliance with Applicable Laws and Prohibited Uses

6.1 You must use the Services in a lawful manner, and must obey all laws, rules, and regulations („Laws“) applicable to Your use of the Services.

6.2 In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Website: (a) in a way, that could negatively impair the system operation of Amenti; (b) for any unlawful purpose; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service or any related website.

7. Use of Our Services

7.1 The User is entitled to use the Services of Amenti in a proper and lawful way and is obliged to comply with these Terms and any instructions from Amenti, particularly with regard to maintenance, updating or deletion of software.

7.2 The User is obliged to only provide accurate information to Amenti when ordering, undergoing registration, as well as in connection with the use of the Services.

7.3 It is the User’s responsibility for meeting the technical prerequisites for proper access to Amenti’s services. This concerns in particular hardware, operating software, internet connection and up-to-date browser software.

7.4 All intellectual property rights, know-how and trade secrets embodied in the Website and the Services accessible via the Website including, but not limited to, all materials provided or displayed therewith like software, documentation, designs, data, layouts, are owned by Us or, especially with respect to third party content accessible via the Website or the Services, third parties.

7.5 The User is responsible for content which they submit, edit or distribute themselves.

7.6 The User may not make any illicit content available in the use of Amenti’s Services. In particular, content which violates the rights of Amenti or third parties, including intellectual property rights or privacy rights, is considered tob e a violation.

7.7 In case that concrete information regarding the availability of illicit content should arise, Amenti may block the User profile of the person responsible wholly or partly and suspend the Services provided by Amenti.

8. Data Protection

8.1 Amenti makes every effort to ensure data protection and data security. Amenti primarily uses personal data in order to improve its Services. Amenti uses personal data only if it is appropriate and necessary to improve its Services. The User takes note that Amenti may transfer personal data to the possession of third parties. Amenti takes the necessary measures in connection with the storage and other processing of User data to prevent unauthorized access and processing of this data. As far as Amenti is legally obliged to do so, it reserves the right to make personal data available to authorities or third parties.

8.2 Amenti uses cookies to track Your use of the Website, including but not limited to registration, Your entries and Your requests for information. You expressly agree to Our use of cookies.

8.3 On Our Website, so-called social media plugins are being used. You expressly agree to Our use of social media plugins.

The purpose of the data collected is:

• The proper functioning and improvement of the Platform;
• Sending information by email to Users;
• Managing Amenti's relationship with its Users (customer files, invoicing, contractual management, customer support).

9. Intellectual Property and Copyright

9.1 The Services provided by Amenti, including the text, images, possible logos of Amenti, 2D and 3D interactive models, product and service names, slogans and other content, are owned by or licensed to Amenti. Except as explicitly stated in these Terms, Amenti and our licensors reserve all rights in and to the Services, which includes all such content therein.

9.2 Irrespective of anything to the contrary in this Agreement, no intellectual property rights are transferred from Amenti to a User.

9.3 All online documents and web pages as well as their parts are protected by copyrights, and it is permissible to copy them and print them out only for private, scientific and noncommercial use.

9.4 The citation of the documents and web pages with a correct statement of the source and the setting of links to our Website is expressly allowed.

10. No Warranty, Limitation or Liability

10.1 Amenti takes all reasonable efforts to provide the Services thoroughly and professionally. However, Amenti does not guarantee, represent or warrant that Your use of the Service will be uninterrupted, timely, secure or error-free. In addition, Amenti cannot guarantee that the data requested by the User be transmitted over the internet correctly and without delay.

10.2 The Website, Services and materials are provided „as is“, and without any warranties or conditions of any kind, either express or implied.

10.3 Amenti shall not be made liable for damages that arise to Users due to the misuse or loss of access data which is provided to Amenti. The Users are solely responsible for securing their data.

10.4 In case the Service shows a material defect, Amenti will use reasonable efforts to remedy such defects within a reasonable term following the receipt of your written notice. In case that Amenti fails to rectify the defect within the said term, Your sole right and remedy is to terminate this Agreement as per Section 3 above.

10.5 The liability of Amenti is excluded as far as is legally possible,, unless the damage was caused intentionally or by gross negligence. Liability for consequential, indirect damage or consequential damage is expressly excluded. These excluded damages include in particular lost of profit, loss of production, reputational damage and damages arising from loss of data.

11. Inquiries / complaints from customers

11.1 Phone support is available for customers to solve all questions related to inquiries and complaints.

12. Severability Clause

12.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Applicable Law and Jurisdiction

13.1 For any disputes arising from these Terms, and all cases out of or in connection with the contractual relationship between Amenti and the User, Swiss law shall apply. In the case of any disputes, the ordinary courts of Zürich, Switzerland shall have exclusive jurisdiction.