General Terms and Conditions (GTC) and Terms of Use

1. Provider, scope, B2B only

1.1 These terms apply to all contracts for the provision and use of the “focus:Revit” software, including add-ins, installers, updates, documentation, the account portal, license verification and, where applicable, further online features, between Sven Schulte, Weitmarer Straße 80, 44795 Bochum, Germany, email: info@focusrevit.com, (the “Provider”) and the customer (the “Customer”).

1.2 The offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) and at persons who, when entering into the contract, act in the exercise of their commercial or independent professional activity. Consumers within the meaning of § 13 BGB are excluded from ordering, installing and using the software.

1.3 Conflicting or deviating terms of the Customer do not apply unless the Provider expressly agrees to their validity in text form.

2. Subject matter, relationship to Autodesk

2.1 The Provider makes the software available to the Customer for use within the contractually agreed scope. The specific scope of services is determined by the product description, the order form, the customer account and these terms.

2.2 The software is an add-on module for Autodesk Revit. Autodesk is not a contractual party. The use of Autodesk Revit itself is governed exclusively by Autodesk's terms. These terms do not change, replace or extend the Autodesk terms.

2.3 The functionality of the software may depend on supported Revit versions, Autodesk changes, third-party software, the system environment, rights management, network configuration and other external factors, some of which are beyond the Provider's control.

3. Conclusion of contract, registration, B2B confirmation

3.1 Depending on the product, registration or a customer account may be required.

3.2 During the order, registration or installation process, the Customer bindingly confirms that they act as an entrepreneur (§ 14 BGB) and not as a consumer (§ 13 BGB).

3.3 The Provider is entitled to request suitable evidence of entrepreneur status, e.g. company details, VAT ID, website, the order email domain or commercial/professional information. Until this is clarified, the Provider may refuse, restrict or block services.

3.4 If it subsequently turns out that, contrary to clause 3.2, the Customer acted as a consumer or provided incorrect information, the Provider is entitled to terminate the contract for cause and to block access; mandatory statutory rights remain unaffected.

4. Trial, subscription, payment process

4.1 Where offered, the Customer may initially use the software for 14 days as part of a free trial. No payment method is required for the trial.

4.2 The trial ends automatically after the agreed period. It does not automatically convert into a paid subscription.

4.3 After the trial ends, the Customer can take out a paid subscription in the customer account. A paid contractual relationship is established only upon the separate booking of a subscription and entry of the required payment data.

4.4 The Provider is entitled to block trial access early in the event of abuse, repeated use circumventing the purpose of the trial, or violations of these terms.

4.5 Free trial, beta, preview or coming-soon versions may be functionally limited, contain errors, or be changed, deactivated or discontinued at any time. There is no entitlement to permanent provision, productive use, support, error correction or transfer into a paid product, unless expressly agreed otherwise.

4.6 Such versions are used for evaluation purposes. The Customer may not use them in productive projects without prior independent review.

5. Services, updates, support

5.1 The Provider owes the functionality of the respective provided version as described in the product description.

5.2 Updates and upgrades may be provided in particular for error correction, security improvement, compatibility adjustment or further development. There is no entitlement to specific new features or to a particular further development, unless expressly agreed.

5.3 Full support, including error analysis, error correction, compatibility adjustments and regular update support, is provided exclusively for the three most recent, generally available Autodesk Revit versions at the relevant time.

5.4 The software may continue to run on older Revit versions. However, there is no entitlement to error correction, compatibility adjustments, updates or support for these.

5.5 Without a separate agreement, the Provider owes neither a specific response time, nor permanent availability, nor uninterrupted, error-free or crash-free use of the software.

5.6 The Provider may change the software, individual features, technical interfaces, license mechanisms or online features insofar as this is necessary or reasonable for objective reasons, in particular for error correction, security, compatibility with Autodesk Revit, adaptation to technical or legal requirements, abuse prevention or further development.

5.7 The Provider will notify the Customer in good time of material changes that impair the contractually agreed use to more than an insignificant extent. The Customer's statutory rights remain unaffected.

6. License, seats, permitted use

6.1 For the term of the contract, the Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the software for its own business purposes within the agreed scope.

6.2 Where a seat model is agreed, only one user or workstation per booked seat may access the licensed feature at the same time. The technical implementation may take place in particular via login, token, heartbeat or comparable license mechanisms.

6.3 If the Customer exceeds the booked number of seats or circumvents license mechanisms, the Provider is entitled to block additional sessions, suspend use and/or recharge the contractually owed fee.

6.4 Access credentials must be kept secret. The Customer must ensure organizationally that no unauthorized use occurs.

6.5 The software may regularly connect to the Provider's servers for activation, license verification, abuse prevention, provision of online features, retrieval of permissions, error diagnostics and checking or providing updates.

6.6 Certain features may be unavailable or only available to a limited extent without an internet connection, a valid customer account, a valid license or successful license verification. The Provider is entitled to technically restrict access to license-required features if no valid entitlement exists.

6.7 The Customer is responsible for all actions of its employees, administrators, contractors and other authorized users who access the software via the customer account, a license assigned to the Customer or a booked seat, insofar as these actions are attributable to the Customer. The Customer ensures that authorized users use the software only within the contractually permitted scope and comply with these terms.

7. Customer obligations

7.1 The Customer provides a suitable technical environment, in particular compatible Revit versions, sufficient permissions, network connectivity, testing in its own environment, and appropriate data backups and project/model backups.

7.2 The Customer remains responsible for the professional review, approval and use of the work results generated or influenced with the help of the software. The software does not replace independent project review, quality assurance or data backup.

7.3 The Customer is prohibited from using the software improperly, in particular from circumventing license mechanisms, passing on access credentials, making the software available to third parties without authorization, or decompiling, disassembling or otherwise reverse-engineering the software, unless this is mandatorily permitted by law.

7.4 The software is an auxiliary tool to support BIM, planning, modeling, review and presentation processes. It does not replace professional review, project responsibility, clash detection, plan approval, quality assurance or independent assessment by qualified personnel.

7.5 The Customer is solely responsible for reviewing all results generated, modified or influenced by the software professionally and technically before productive use, distribution, publication or execution.

8. Prices, payment, Stripe, renewal

8.1 Prices, billing interval and term of the paid subscription result from the order process or the customer account.

8.2 Payment processing may take place via Stripe or another payment service provider. Their terms additionally apply insofar as this is necessary for payment processing.

8.3 In the event of default of payment or a failed payment, the Provider is entitled to temporarily block access to the software or online features until outstanding claims are settled.

8.4 The Provider may adjust prices for future renewal periods with reasonable advance notice. Periods already paid for remain unaffected.

9. Term, termination, end of contract

9.1 Paid subscriptions run for the agreed minimum term and renew automatically for the respective agreed renewal period unless terminated in good time.

9.2 The right to extraordinary termination for cause remains unaffected, in particular in the event of repeated payment default, abuse, circumvention of license verification or serious violations of these terms.

9.3 After the contract ends, the usage rights end. The Provider may deactivate access, online features and accounts, unless statutory retention or wind-down obligations conflict with this.

9.4 After the contract ends, the Customer must cease using the affected software features and, where technically reasonable, remove local installations, license files or access credentials that are no longer required. Statutory retention obligations remain unaffected.

10. Warranty

10.1 Statutory warranty law applies with the following B2B modifications.

10.2 The Customer must report defects in text form without undue delay after becoming aware of them and support the Provider in analysis and remediation to a reasonable extent.

10.3 The Provider may, at its own discretion, remedy defects by error correction, workaround, update or another equivalent solution. If remediation fails, the statutory rights apply within the framework of these terms.

10.4 No warranty is given for defects or malfunctions attributable to improper use, operating errors, missing backups, changes to the system environment, Revit or third-party software updates, incompatible IT environments or other circumstances for which the Customer is responsible.

11. Liability

11.1 The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for expressly assumed guarantees and in other mandatory statutory cases.

11.2 In the case of simple negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations) and only up to the amount of the foreseeable damage typical for the contract.

11.3 Liability under clause 11.2 is limited per damage event to the fees actually paid by the Customer for the affected contract in the last twelve months before the damaging event; for free trials, liability is limited to EUR 100.

11.4 Otherwise, liability is excluded to the extent permitted by law. This applies in particular to lost profits, indirect damage, consequential damage, project delays, business interruptions, recovery costs and data loss, unless a case under clause 11.1 or 11.2 exists.

11.5 The Provider is liable for data loss only to the extent that the Customer could not have avoided the loss even with proper and appropriate data backup. The Customer remains responsible for regular and sufficient backups.

11.6 The Provider assumes no liability for the software working without errors in every project constellation, with every third-party software, every add-in or every customer-side IT/security environment.

12. Intellectual property rights, open source, references

12.1 The Provider retains all rights to the software, the source and object code, documentation, designs, marks, know-how and other work results. The Customer receives only the usage rights expressly granted.

12.2 Insofar as open-source components are included, their respective license terms take precedence for these.

12.3 Naming the Customer as a reference with name or logo takes place only with the Customer's separate approval.

12.4 If the Customer transmits ideas, suggestions, error reports, improvement notes or other feedback about the software to the Provider, the Provider may use this feedback free of charge, without limitation in time or territory, to improve, further develop and market the software. The Provider is not obliged to implement feedback or to remunerate it separately.

12.5 The Customer should not transmit any confidential information or personal data insofar as this is not necessary for the feedback.

13. Data protection, telemetry, product analytics

13.1 Information on the processing of personal data can be found in the privacy policy.

13.2 To provide the software, manage licenses, prevent abuse, analyze errors, provide support, improve the product and for internal business analysis, the Provider may process usage and product analytics data, in particular login times, license status, Revit version, add-in version, features/tools used, usage intensity, technical error and diagnostic information, the company association of the account and, where applicable, coarse location-related information.

13.3 Such data is not passed on to third parties for their own advertising or analytics purposes. This does not affect the involvement of processors and payment service providers or statutory disclosure obligations.

13.4 If the Customer transmits data of its employees or other users, the Customer ensures that it is authorized to do so and that the data subjects have been informed to the required extent.

14. Confidentiality

14.1 The parties undertake to treat confidential information of the other party that becomes known to them in connection with the contract as confidential and to use it only to perform the contract. Confidential information includes in particular non-public technical, economic or project-related information, license data, access credentials, unpublished product information and documents marked as confidential.

14.2 Information is not confidential if it is generally known, was lawfully obtained from third parties, was independently developed, or must be disclosed due to a statutory obligation.

15. Final provisions

15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with these terms is Bochum.

15.3 Should individual provisions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

15.4 The Provider may amend these terms with effect for future contract renewals, provided there is an objective reason and the Customer is informed in good time before the start of the new renewal period. If the Customer objects to the change or cancels the subscription before the start of the new renewal period, the previous terms continue to apply until the end of the period already paid for.