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Effective Date: March 20, 2025

This Terms of Use Agreement (“Agreement”) is entered into between AWV Informatik Ag (“AWV”), and the Customer or End User (defined below), as applicable. This Agreement governs the use of AWV Informatik Ag’s products and services (the “Service” or “Services”). You are the “Customer” under this Agreement if you are (a) an individual ordering Services; or (b) an organization ordering Services to be used by one or more of your personnel. If you are an organization ordering Services, the individual who agrees to this Agreement on your behalf must have the authority to bind the organization and its End Users to this Agreement.

You are the “End User” under this Agreement if you are using the Service in your capacity as an end user, including as an individual Customer or as an individual authorized to use the Service by an organization who is a Customer.

If we do not specify whether certain language applies to an End User or Customer, then our use of “you” applies to both End Users and Customers.

BY CREATING AN ACCOUNT, SIGNING IN VIA A WEB BROWSER OR MOBILE APP OR APPLICATION PROGRAMMING INTERFACE, AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, “SOFTWARE”) PROVIDED TO YOU OR YOUR ORGANIZATION BY OR ON BEHALF OF AWV IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS AGREEMENT; (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY ITS TERMS; (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION NAMED AS THE CUSTOMER, AND TO BIND SUCH CUSTOMER TO THIS AGREEMENT; IF YOU DO NOT AGREE TO THE FOREGOING, YOU MAY NOT ACCESS OR USE THE SOFTWARE. DO NOT USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE NOTE THAT THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY AWV IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AWV will make a new copy of the Agreement available on its website and/or within its application(s). In the event any new supplemental terms are created. We will also update the “Last Updated” date at the top of this Agreement. Any such changes will be effective immediately for both new and existing Customers and End Users of the SOFTWARE.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT: info@awv-informatik.ch

  • Your Data: You are responsible for the data you create with the SOFTWARE. Data and the server used to load data must be compatible according to the compatibility table published on our website. We guarantee compatibility between old data with newer server versions. We support loading new models into old servers unless you use new features in the file. This situation is particularly relevant when you share data with other users. Later: You will get a load error message asking you to update your outdated server.
  • Release cycle: We plan to release new versions of our system every two months. You can create and download your app key in the user area of ClassCAD.ch The free Appkey is valid for 3 month. The enterprise Appkey will be valid for a period of 12 month (payment period).
  • The ClassCAD key authorizes you to start a ClassCAD process. There are two operating modes for ClassCAD: native and wasm. Native applications are server-side applications that keep the key secret. Wasm applications are client-side applications that maintain a public key. For wasm applications, you must specify the allowed origins that can use the key.
  • Use the free Appkey during a product evaluation phase for a limited time of 3 months. After that, commercial usage of ClassCAD/Buerli with free Appkey is forbidden!
  • Your Enterprise Appkey: After logging in at Buerli.io, you can download the ccapp file required to start the server. This file is personalized, and you are not allowed to share this file with others. YOUR Appkey file will expire after one year. You will have three month time to renew the subscription before the server no longer starts up. Special arrangements regarding licensing and expiration are also possible on demand.
  • In the future: You agree that system collects error logging data that are automatically sent to a server so that problems with SOFTWARE can easily be reproduced and fixed by AWV.
  • Customer’s paid ClassCAD/ Buerli subscription will automatically continue (e.g., year-to-year in the case of an annual paid subscription), unless and until either Customer or AWV provides the other with at least thirty (30) days’ written notice (before the end of the then-current subscription term) of such party’s intent not to renew its subscription. You must have Internet access to access and use the Service, and Customer must provide us with a current, valid accepted method of payment (as it may be updated from time to time, “Payment Method”) to purchase and use a paid subscription.
  • Billing: Current enterprise customers will receive an invoice for the annual subscription at the beginning of the subscription period.
  • INDEMNIFICATION. You agree to indemnify and hold AWV, its, employees, agents, partners and licensors (collectively, the “AWV Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, the Software; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations.
  • DISCLAIMER OF WARRANTIES. The Software is provided on an “as is”, without warranty of any kind. AWV SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, AWV does not warrant that (i) the Software will meet your requirements; or (ii) the Software will operate without interruption or be error free.
  1. LIMITATION OF LIABILITY. YOU RECOGNIZE THAT THE PRICE PAID FOR THE RIGHTS GRANTED TO YOU HEREIN MAY BE SUBSTANTIALLY DISPROPORTIONATE TO THE VALUE OF THE PRODUCTS TO BE DESIGNED, STORED, MANAGED OR DISTRIBUTED IN CONJUNCTION WITH THE SOFTWARE AND SERVICE. FOR THE EXPRESS PURPOSE OF LIMITING THE LIABILITY OF AWV TO AN EXTENT WHICH IS REASONABLY PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION, YOU AGREE TO THE FOLLOWING LIMITATIONS ON AWV’S LIABILITY. TO THE EXTENT ALLOWED BY LAW, AWV’S LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR 1/10 OF THE AMOUNT YOU HAVE PAID AWV IN THE PAST 12 MONTHS. IN NO EVENT SHALL AWV BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR PROFITS, WHETHER OR NOT AWV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SUCH LIMITATIONS ARE FAIR AND REASONABLE IN LIGHT OF THE TERMS UNDER WHICH THE SOFTWARE IS BEING MADE AVAILABLE TO YOU. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY STATED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS, AND IN SUCH CASES AWVS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT DESCRIBED ABOVE THAT IS PERMITTED BY APPLICABLE LAW.
    • TERM AND TERMINATION; EFFECT OF TERMINATION; SURVIVAL Term: This Agreement commences on the date you accept it (as described in the preamble above) and will remain in effect until terminated in accordance with this Agreement. Termination by AWV: AWV shall be entitled to suspend, terminate, or limit your access to the Software at any time, with or without notice, if you breach any term of this Agreement, or if you facilitate or encourage any violation of this Agreement. Upon termination of this Agreement, you shall make no further use of the Software. Termination of this Agreement shall not affect any obligations accrued prior thereto.
    • Termination by Customer: If Customer wants to terminate this Agreement by cancelling Customer’s subscription, Customer may do so by notifying AWV at any time (subject, as applicable, to the notice requirements described previously in this Agreement); provided, however, no refund will be due. If Customer cancels its subscription, he is no longer entitled to use SOFTWARE and must remove it from all computer where it was installed.