Terms of Service

1. Scope and provider

These Terms of Service govern the use of ARCH-Insight: the hosted service at arch-insight.com, the website and the apps for iPhone, iPad, Mac, Android, Windows and Linux (together "the Service"). The Service is provided by:

By creating an account, signing in or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Terms of the customer that differ from these do not apply unless we agree to them in writing.

2. Business customers only

The Service is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), public bodies and other organisations, for their professional purposes; it is not offered to consumers (§ 13 BGB). By creating an organisation or buying seats, you confirm that you act for such an organisation and are authorised to bind it. The contract for the use of the Service is concluded with the organisation ("Customer"); its members use the Service as its users. Users must be at least 16 years old.

Because the offer is directed at businesses, the statutory right of withdrawal for consumers does not apply to purchases on our website. Seats bought in the App Store or on Google Play are sold by Apple or Google under their terms; any right of withdrawal or refund those terms or the law give the buyer is exercised with the store (section 5). If mandatory consumer protection law nevertheless applies to a contract with us, these Terms do not restrict it.

3. The Service

ARCH-Insight is an enterprise architecture and IT landscape management service. It lets organisations document their applications and systems in fact sheets, draw diagrams, plan projects, collaborate (chat, video calls, help desk, mailboxes, spreadsheets, surveys), monitor their systems with collector agents, and use AI functions to draft and search content. All features are available on every plan; the plans differ in their limits, as described on our pricing page. We develop the Service continuously and may change, add or remove features, provided the core purpose of the Service for a paid plan is not significantly impaired during a paid period.

4. Registration, organisations and users

• Registration: You must provide accurate, current and complete details when signing up. You are responsible for keeping your credentials confidential and for activity in your account. Tell us without delay if you suspect misuse.
• Organisation ownership: The user who creates an organisation becomes its administrator. Administrators manage billing, invite members with join codes, set how long a join code is valid, and manage members' roles. The Customer is responsible for whom it admits and for the actions of its users.
• Seats: Every member of an organisation occupies one seat. When all seats are taken, further members cannot join until seats are added or members leave.

5. Plans, prices and payment

• Plans: The Service is offered in three plans: Free, Standard and Pro. Every plan includes all features; the plans differ in their limits (for example members, fact sheets, AI usage, monitoring history, collectors and campaign recipients), as described on our pricing page. A plan always applies to the whole organisation.
• Free plan: Organisations with 5 or fewer members can use the Service free of charge, within the limits of the free plan. The free plan is financed by advertising (section 7).
• Standard plan: The first 5 seats are free; every further seat is billed per seat and month. Seats bought in the apps are seats of the Standard plan.
• Pro plan: Every seat is billed per seat and month, with no free seats. Administrators can switch between Standard and Pro on the web at any time; the switch takes effect immediately and is billed pro rata for the current billing period.
• Paid plans on the web: Seats are billed at the price shown on our website for the plan when the order is placed, plus statutory VAT. Payment is processed by Stripe. The first subscription of an organisation may include a free trial of 14 days; a payment method is required to start it and billing begins when the trial ends unless the subscription is cancelled before.
• In the apps: In the iPhone, iPad and Mac apps, seats are sold as auto-renewing monthly subscriptions through Apple's In-App Purchase, in packages of up to 50 seats; organisations that need more buy on the web. In the Android app, seats are sold through Google Play Billing. Prices are shown in the store. For these purchases Apple or Google is the seller of record, and the store's terms apply to payment, renewal, cancellation and refunds.
• Invoices for web purchases are issued electronically by Stripe on our behalf; store purchases are invoiced by the store.
• We may change prices for future billing periods. We will tell administrators at least 30 days in advance; the Customer may cancel before the change takes effect.

6. Term and cancellation

Paid subscriptions run for one month and renew automatically. The Customer can cancel at any time, effective at the end of the current billing period: on the web in Billing (Stripe customer portal), in the apps in the subscription settings of the App Store or Google Play. Payments already made are not refunded, except where the law or the store's rules provide otherwise.

When a subscription ends or a payment fails, the organisation returns to the free plan and its limits. Its content is not deleted because of that. The Customer can end the use of the Service at any time by deleting its users' accounts and asking us to delete the organisation.

7. Advertising on the free plan

The Service shows advertising only to users of organisations on the free plan, subject to the consent described in our Privacy Policy. Paid plans show no advertising, in the web app or in any of the apps.

8. Customer content and intellectual property

All architecture data, metadata, documents, diagrams and other content uploaded by the Customer or its users remain the property of the Customer. The Customer grants us a non-exclusive, limited right to store, copy, process and display this content solely to provide the Service. The Customer is responsible for having the rights and, where personal data is concerned, the legal basis needed for its content.

The Service, its software and its design are protected by copyright and remain ours. Apart from the use these Terms and the End User License Agreement allow, no rights are granted.

Content the Customer shares by public link or publishes remains accessible to anyone with the link until the Customer withdraws it.

9. Acceptable use

You may not use the Service to break the law or to infringe the rights of others; to upload malware or attack the Service or other systems; to access data of other organisations; to send unsolicited mass e-mail; to circumvent seat limits, plan limits or technical protections; or to overload the Service. Collector agents and the remote operations feature may only be installed on systems the Customer is authorised to manage.

10. AI functions

AI functions generate suggestions automatically. They can be incomplete or wrong and must be checked by a person before they are relied on. On paid plans, AI requests are processed by an external provider as described in the Privacy Policy. The Customer decides whether its users use AI functions, and is responsible for decisions taken on the basis of AI output, in particular in the HR area.

11. Data protection and processing on the Customer's behalf

We process personal data as described in our Privacy Policy. Where we process personal data contained in the Customer's content on its behalf, we do so as its processor, and this section is the agreement required by Art. 28(3) GDPR:

• Subject matter, duration, nature and purpose: hosting, storing, searching, displaying, transmitting and otherwise processing the Customer's content in order to provide the Service, for the term of the contract.
• Types of data and data subjects: whatever the Customer and its users put into the Service; typically contact and organisational data, the content of documents, messages, tickets and e-mails, HR and time records and technical data, concerning the Customer's users, employees, customers, contacts and other persons named in its content.
• Instructions: we process the data only on the Customer's documented instructions, which are these Terms and the Customer's use and configuration of the Service, including with regard to transfers to third countries, unless EU or German law requires otherwise; in that case we inform the Customer beforehand unless that law prohibits it. We tell the Customer if we believe an instruction infringes data protection law.
• Confidentiality and security: everyone we authorise to process the data is bound to confidentiality. We take the technical and organisational measures required by Art. 32 GDPR, including encrypted connections, encrypted backups, access control, separation of organisations and regular security updates.
• Sub-processors: the Customer authorises us to use the processors listed in section 14 of the Privacy Policy. We inform administrators by e-mail in advance of any intended addition or replacement; the Customer may object on reasonable data protection grounds and, if we cannot resolve the objection, terminate the contract. We engage sub-processors under agreements pursuant to Art. 28(4) GDPR where the provider's standard terms include one.
• Assistance: taking into account the nature of the processing, we assist the Customer in responding to requests from data subjects and in meeting its obligations under Articles 32 to 36 GDPR, and we notify it without undue delay after becoming aware of a personal data breach affecting its content.
• End of processing: when the contract ends, we delete or return the Customer's content, as the Customer chooses, unless the law requires us to keep it. Copies in backups expire within 30 days.
• Proof and audits: we make available the information needed to demonstrate compliance with this section and allow for and contribute to audits, including inspections, by the Customer or an auditor it mandates, with reasonable notice.

The Customer is responsible for the lawfulness of the processing it instructs. Questions to [email protected].

12. Availability and support

We operate the Service with the care of a prudent business and aim for high availability, but we do not guarantee uninterrupted or error-free operation. Maintenance, security updates and events outside our control can interrupt it. Support is available as described on our Support page.

13. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.
• For slight negligence we are liable only for the breach of an obligation whose fulfilment is essential for the proper performance of the contract and on which the Customer may regularly rely (material obligation), and limited to the damage that is foreseeable and typical for this type of contract.
• For the free plan, which is provided without charge, we are liable only for intent and gross negligence, except in the cases named in the first point.
• The Customer is responsible for keeping its own copies of content that is important to it.

14. Suspension and termination

We may suspend users or organisations that seriously violate these Terms, in particular section 9, or that endanger the security of the Service. Where reasonable, we will warn the Customer first. Both parties may terminate the contract for good cause without notice. The right of the Customer to cancel under section 6 is not affected.

15. Changes to these Terms

We may change these Terms for the future if there is a valid reason, such as a change in the law or in the Service. We will inform administrators by e-mail at least six weeks before a change takes effect. If the Customer does not object before the change takes effect, the change is deemed accepted; we will point this out in the notice. If the Customer objects, either party may terminate the contract when the change takes effect.

16. Governing law and final provisions

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is nevertheless a consumer, this choice of law does not deprive them of the protection of the mandatory provisions of the law of the country in which they have their habitual residence (Art. 6(2) Rome I Regulation). If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Regensburg, Germany. If a provision of these Terms is invalid, the remaining provisions remain in force. These Terms are published in English and German, which are equally authoritative.