Terms of Service

1. Introduction

These Terms of Service (the “Terms”) apply to and govern use of the service described below (the “Service”), provided by Arealize AS, a limited liability company registered in Norway (organisation number 927 439 441) (“Arealize”).

The Terms, together with Arealize’s Data Processing Agreement (the “DPA”) in Appendix 1, supplement and form part of the separate agreement entered into between Arealize and the legal entity that subscribes to the Service (the “Customer”) governing the Customer’s subscription to the Service (the “Principal Agreement,” and together with the Terms and the DPA, the “Agreement”). In the event of any conflict between the Terms and the Principal Agreement, the Principal Agreement shall prevail. References in the Terms to the “Effective Date” mean the effective date of the Principal Agreement.

The person entering into the Principal Agreement on behalf of the Customer warrants to have due authorisation to do so and to legally bind the Customer to the Agreement and to take the Service in use on its behalf.

2. Service description

The Service is a web-based software solution, consisting of Arealize Dashboard and Studio, that automates the creation and processing of floor plans and area statistics. The Customer acknowledges that the Service may be continuously developed and modified by Arealize from time to time. This may include the addition, removal, or adjustment of features or design elements, which may differ from what was available at the time the Agreement was entered into or described on Arealize’s website.

3. Service availability, maintenance, and support

The Service shall have an uptime of at least 99.5% during ordinary working hours, defined as weekdays between 07:00 and 17:00 (CET). The Customer will be notified in advance of any planned maintenance or downtime.

Support is available as described in the Service or on Arealize’s website, subject to the subscription plan and terms of the Agreement.

4. Use of the service

The Customer is granted a limited, non-exclusive, non-transferable right to access and use the Service in accordance with the Agreement. To exercise this right, the Customer must designate one or more users within its organisation, who must maintain active accounts to access the Service.

The Customer is responsible toward Arealize for all use of the Service under the Agreement, regardless of which users perform it.

The Service may not be used in breach of this Agreement, in violation of applicable law or third-party rights, or contrary to its intended purpose. Actions constituting breach include (i) gaining or attempting to gain unauthorised access to any part of the Service, (ii) circumventing, disabling, or otherwise interfering with security features or access controls, (iii) reverse engineering, decompiling, disassembling, or attempting to derive the source code or underlying structure of the Service, (iv) using the Service to develop or offer a competing product or service, (v) interfering with or disrupting the integrity, performance, or availability of the Service, and (vi) using any automated systems (such as bots or scrapers) without Arealize’s prior written consent.

Arealize reserves the right to suspend or restrict access to the Service in the event of any actual or suspected breach, without prejudice to any other rights or remedies.

5. User administration

Users must be natural persons with unique login credentials. Each user is responsible for keeping credentials secure and confidential.

The Customer shall provide Arealize with the names and email addresses of the users who require access to the Service, and Arealize will grant access to such users accordingly.

The Customer is responsible for maintaining accurate user information and for notifying Arealize when access should be revoked because it is no longer appropriate. Arealize is not liable for unauthorised access or activity resulting from the Customer’s failure to secure credentials or to notify Arealize of necessary access changes.

6. Term, renewal, cancellation, and termination

This Agreement enters into force on the Effective Date (the “Effective Date”) and runs for an indefinite period until terminated by one of the parties.

The Agreement is billed in consecutive monthly periods commencing on the Effective Date (each a “Billing Period”). The Agreement may be terminated by written notice to Arealize or by using any cancellation feature made available in the Service, as follows: (a) if notice is received during the first Billing Period (the “Initial Period”), the Agreement terminates upon expiry of the Initial Period; (b) if notice is received after expiry of the Initial Period, the Agreement terminates upon expiry of the third (3rd) Billing Period following the Billing Period in which notice is received. The date of receipt determines which of (a) and (b) applies.

Either party may terminate the Agreement with immediate effect if the other party (a) materially breaches the Agreement, including failure to pay undisputed amounts, and fails to remedy the breach within thirty (30) days of written notice; or (b) becomes insolvent or enters into bankruptcy or liquidation proceedings.

The Customer retains access to the Service and remains liable for all accrued fees until the effective date of termination. Fees are non-refundable, except where the Customer terminates the Agreement due to Arealize’s uncured material breach under this section.

Sections relating to fees, confidentiality, intellectual property, indemnification, limitations of liability, and any other provisions that by nature are intended to survive termination, shall continue in effect after termination of the Agreement.

7. Fees and payment

The Customer will pay fees for use of the Service in accordance with the Agreement, as specified in the Customer’s signed agreement with Arealize (the “Fees”).

Fees exclude any taxes, such as VAT or sales taxes, and any other public fees or duties. The Customer is responsible for any such taxes, fees or duties associated with its use of the Service and shall indemnify Arealize for losses incurred because of failure to meet any obligations in that regard.

Arealize may adjust the Fees, or introduce Fees for Customers not already paying Fees, upon written notice to the Customer at least 30 days before renewal of the Agreement.

The Customer remains responsible for all Fees throughout the duration of the Agreement, and no refunds are provided for paid or payable Fees. The Customer is not entitled to withhold, make deductions, or set off any part of the Fees, even if the fees are disputed. In case of late payment, the Customer shall pay default interest at the statutory rate under Norwegian law, in addition to any costs of collecting the delayed payment.

8. Confidentiality

Arealize and the Customer shall keep confidential all information exchanged between them in connection with the Agreement (“Confidential Information”) and not disclose it to any third party, unless otherwise provided herein. Confidential Information includes material related to the Service, trade secrets, proprietary data, Project Data disclosed by one party to the other in this context, and other sensitive business or technical information.

Each party may disclose Confidential Information to its affiliates, subcontractors, advisers, or other third parties where necessary to perform its obligations under the Agreement, provided that such third parties are bound by confidentiality obligations no less protective than those set out in this section.

The obligations in this section do not apply to information that (i) becomes publicly available through no breach of these Terms, (ii) was lawfully known to the receiving party prior to disclosure, or (iii) must be disclosed under applicable law, court order, or government mandate. In such cases, the receiving party shall notify the disclosing party without undue delay, unless legally prohibited from doing so.

Nothing in this section restricts Arealize from performing its obligations under the Agreement, including operating the Service in the ordinary course. For clarity, this includes making Confidential Information contained in Project Data available to users and entities who have been granted access to it through the Service.

9. Processing of personal data

Provision of the Service will entail processing of personal data by Arealize under applicable data protection law and regulations, such as the GDPR. Arealize’s processing of personal data as a processor, on behalf of the Customer, is governed by the DPA.

10. Subcontractors and third-party services

Arealize may use subcontractors to perform all or part of its obligations under the Agreement, including the processing of personal data. Arealize is fully responsible for the performance of its subcontractors.

The Service may incorporate or facilitate access to third-party services or software. The Customer is responsible for complying with any applicable licence terms or usage restrictions for such third-party services, and Arealize bears no responsibility for their performance or availability.

11. Warranties and disclaimers

Arealize warrants that it will provide the Service with reasonable skill and care and that the Service will perform materially in accordance with its documentation. The Service is, however, provided on an “as is” and “as available” basis, and Arealize does not warrant that it will be error-free or uninterrupted.

To the fullest extent permitted by law, Arealize disclaims all other warranties, whether express, implied, statutory, or otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will meet the Customer’s specific requirements.

The Service may include automated features, such as tools powered by algorithms, artificial intelligence (AI), or machine learning, as well as templates, standardised processes, and other workflow support functionality. Such features and functionality are not guaranteed to produce complete, accurate, or context-appropriate results. They do not constitute legal, financial, or other professional advice. The Customer remains solely responsible for verifying outputs from the Service, ensuring that it complies with applicable law, intended business purposes, and relevant professional standards.

Arealize is not responsible for any users’ actions, errors caused by the Customer’s use or misuse of the Service, any failure to follow documentation or guidelines, or inadequate training. Arealize may, at its discretion, assist with such issues subject to additional fees or support terms.

12. Indemnification

Arealize will defend and indemnify the Customer against any third-party claim alleging that the Service infringes or misappropriates the claimant’s intellectual property rights, and will pay any final damages or settlement amounts up to the liability cap set forth in section 13, provided the Customer (i) promptly notifies Arealize of the claim, (ii) grants Arealize sole control over its defence or settlement, (iii) and cooperates at Arealize’s expense.

If such a claim arises, Arealize may (i) secure the right for the Customer to continue using the Service, (ii) modify the Service, or (iii) terminate the allegedly infringing part of the Service and refund any pre-paid fees covering the period after termination of the Agreement takes effect. Arealize’s indemnity does not apply if the claim results from the Customer’s use or misuse of the Service, unauthorised modifications to the Service, or combination of the Service with materials that caused the alleged infringement.

The Customer shall defend, indemnify, and hold harmless Arealize and its affiliates, directors, officers, and employees from any third-party claim arising from (i) any use of the Service under the Agreement, (ii) Project Data, (iii) any alleged infringement of third-party rights in connection with such use or content, or (iv) any violation of the Agreement or applicable law by the Customer or any users under the Agreement.

For an indemnified claim under this section, the indemnifying party must promptly be notified in writing, have sole control of the defence or settlement, and receive reasonable cooperation. Neither party may settle a claim that imposes admission of liability or payment by the other party without the other’s written consent.

13. Liability

Arealize’s liability under this Agreement is limited to direct damages only. In any 12-month period, Arealize’s total cumulative liability for such damages shall not exceed the Fees (excluding VAT and applicable taxes) paid or payable by the Customer for the 12 months up to the event giving rise to the claim, or, if the Agreement has been in force for less than 12 months, all Fees (excluding VAT and applicable taxes) paid or payable under the Agreement for that shorter period, and in no event more than €25,000. All claims arising in that 12-month period are subject to this cap.

To the fullest extent permitted by law, Arealize is not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, goodwill, contracts, or data, even if advised of the possibility of such losses.

Arealize is not liable for losses caused by interruptions, disruptions, or changes to the Service due to scheduled maintenance, technical updates, third-party infrastructure provider issues, force majeure events, or compliance with legal or regulatory requirements.

These limitations do not apply in cases of gross negligence, wilful misconduct, or where liability cannot be excluded or limited under applicable law.

Any claim for damages must be submitted no later than 12 months after the Customer became, or should reasonably have become, aware of the facts giving rise to the claim, and in any case no later than 6 months after termination of the Agreement takes effect.

14. Intellectual property

Arealize and its licensors retain all rights, title, and interest in and to the Service, including all software, source code, database structures, user interfaces, layouts, designs, functionality, and any other intellectual property developed by or on behalf of Arealize. This includes any structures, templates, formats, workflows, or logic made available through the Service to support user interaction or output generation. This does not include Project Data, as defined and addressed in section 15. No rights or licences are granted to the Customer except as expressly stated herein.

Arealize may use any feedback, suggestions, feature requests, etc. provided by the Customer without restriction and without obligation to compensate the Customer. All intellectual property rights in any resulting work, including functionality, products, concepts, improvements, enhancements, modifications, or derivative works shall vest exclusively in Arealize and/or its licensors.

15. Project data and usage data

All data, documents, reports, comments, tags, and any other content or materials uploaded, submitted, or generated through the Service under the Agreement (“Project Data”) remain the property of their original owner, whether the Customer, a user, another entity, or a third party. Arealize does not acquire any ownership rights in Project Data under this Agreement, except for the limited rights necessary to provide the Service.

For the avoidance of doubt, Project Data includes outputs generated using functionality made available through the Service, but excludes the underlying structures, templates, formats, workflows, and usage metrics provided or developed by Arealize, in which Arealize retains all rights.

The Customer grants Arealize a non-exclusive licence to use Project Data as needed to operate, maintain, and support the Service, and to perform its obligations under the Agreement, including storing, processing, and transmitting it.

The Customer is responsible for ensuring that all Project Data is accurate, lawful, and used in accordance with applicable law (including data protection and intellectual property law) and third-party rights, and that it has obtained all necessary rights and permissions to do so. Arealize does not review, verify, or take responsibility for Project Data or its use.

Arealize has no obligation to investigate or determine ownership of, or rights to, Project Data, and will rely on the permissions configured in the Service for all access to and handling of Project Data. Arealize will not override such permissions or provide Project Data to any party, including the Customer, that does not have the requisite permissions. If Arealize receives conflicting instructions regarding Project Data ownership, rights, or permissions, it will, without liability, decline to act unless required by law or until the conflict is resolved. Arealize is not liable for disputes regarding Project Data ownership, rights, or permissions.

Arealize personnel do not access Project Data except as required to provide support, resolve technical issues, or meet legal obligations. Any such access is limited to authorised personnel bound by confidentiality obligations.

Arealize may, after the data has been anonymised and the Customer’s consent has been obtained, use Project Data, including uploaded floor plans and generated material, to improve the Service through algorithm training. This use may continue even after the Agreement has terminated, provided that the data cannot be traced back to the Customer or its customers. Project Data shall not be used for any purpose other than the provision of the Service, including training purposes, and only by Arealize and its subprocessors bound by confidentiality obligations equivalent to those set out in section 8. The Service shall include a function that asks the User to confirm that the end customer’s consent has been obtained before further use.

Unless otherwise agreed, Arealize will retain Project Data for 90 days after termination of the Agreement takes effect. Arealize may offer extended retention or data export services subject to separate agreement and applicable fees. After the applicable retention period expires, all Project Data will be permanently and irrevocably deleted in a secure manner, and Arealize will have no obligation to recover or restore it.

In addition, Arealize may collect and use information relating to the operation, support, and use of the Service (“Usage Data”) to develop, improve, support, and operate its products and services. Usage Data does not include Project Data and is used in a form that does not identify Customers, users, or Confidential Information. Arealize’s rights to Usage Data are perpetual, non-exclusive, worldwide, royalty-free, irrevocable, and survive termination of the Agreement.

16. Transfer of rights and obligations

Arealize is entitled to transfer its rights and obligations under the Agreement to a third party as a part of a merger or acquisition process, or other organisational changes. Apart from this, transfer of rights and obligations under the Agreement by either party require the other party’s written consent. Such consent shall not be unreasonably withheld or delayed.

17. Force majeure

Except for payment obligations under the Agreement, neither party shall be liable for any failure or delay in performing its obligations under the Agreement if and to the extent such failure or delay is caused by circumstances beyond its reasonable control that substantially affect its performance, and that constitute force majeure under applicable law, including natural disasters, pandemics, wars, terrorism, cyberattacks, labour disputes, or failures in telecommunications or energy supply. The same applies if such circumstances affect a party’s subcontractors.

A party affected by a force majeure event shall use commercially reasonable efforts to overcome and mitigate the effects of the event and shall notify the other party in writing without undue delay.

If the performance of its obligations is substantially prevented for a continuous period of more than 30 days due to a force majeure event, either party may terminate the Agreement upon written notice, without liability for compensation.

18. Changes to the terms

Arealize may change these Terms from time to time. The current version of the Terms will always be available on Arealize’s website. Any changes that are materially detrimental to the Customer will be communicated at least 30 days in advance and will take effect no earlier than the start of the Customer’s next subscription term following such notice period, with renewal constituting acceptance of the Terms then in effect. Other changes will take effect when the updated Terms are published on Arealize’s website.

19. Marketing

The Customer grants Arealize the right to use its name and logo, and to make general references to its use of the Service, for marketing purposes. The Customer may at any time request in writing that Arealize cease such use or references, and Arealize will comply without undue delay.

20. Governing law and dispute resolution

This Agreement is governed by Norwegian law, excluding its conflict-of-law principles. The parties shall seek to resolve disputes amicably, but if no resolution is reached, the dispute shall be subject to the exclusive jurisdiction of the Norwegian courts, with Oslo District Court as the agreed venue.

1. Introduction

This DPA applies to, and forms part of, the overall Agreement between Arealize and the Customer, as further described in the Terms. It stipulates the respective rights and obligations of Arealize, acting as a processor (or subprocessor), and the Customer, acting as a controller (or processor on behalf of another controller), for the processing of personal data under the Agreement.

All capitalised terms used but not defined in this DPA have the meaning set forth in the Terms. Concepts and terms that are defined in applicable data protection law, such as the GDPR and its applicable national implementations, have the meaning set forth therein.

Arealize acts as a controller for certain user and usage data and related activities, as explained in Arealize’s Privacy Policy. Such processing does not fall within the scope of this DPA.

2. Data processing and legal basis

Arealize processes personal data as instructed by the Customer under the Agreement. This may include personal data contained in Project Data and other information stored in the Service, such as user information (name, email address, and other information related to the creation of a user account), activation data (including building address, floor level, and floor plan content), communications between the user and Arealize, and information about use of the Service (such as IP address, device type, pages visited, and features used). Data subjects may include the Customer’s employees, users, and other individuals whose personal data is contained in the information stored.

All processing of personal data is carried out by Arealize solely for the purpose of providing the Service to the Customer in accordance with the Agreement and applicable data protection law. The Customer warrants that it has a valid legal basis for instructing Arealize to process any personal data under this DPA and the Agreement and remains responsible for complying with all its obligations under applicable data protection law.

3. Subprocessors

Arealize may engage subprocessors to carry out processing activities under the Agreement. Each subprocessor is bound by data protection obligations at least as stringent as those imposed on Arealize by this DPA. Arealize retains liability for any acts or omissions of its subprocessors that cause a breach of Arealize’s obligations.

Subprocessors in use at the Effective Date are accepted upon conclusion of the Agreement. A list of current subprocessors is maintained in Arealize’s Trust Centre (or in a similar publicly available resource) and is incorporated by reference into this DPA.

Arealize reserves the right to add and replace subprocessors, and will provide notice in advance of any changes via the Trust Centre or other reasonable means. The Customer may raise an objection on reasonable data protection grounds within 30 days from notification. Absent a timely objection, the new subprocessor is deemed accepted. If the Customer raises a timely objection and the parties are unable to resolve it within a reasonable period, either party may terminate the Agreement with immediate effect and without liability.

4. Data transfers

If the provision of Service requires transferring personal data to countries outside the European Economic Area, Arealize ensures that such transfers comply with GDPR Chapter V, including through Standard Contractual Clauses or other appropriate safeguards.

Where requested and reasonably necessary, Arealize will provide the Customer with relevant information regarding the legal basis or safeguards relied upon for cross-border transfers, enabling the Customer to make an informed decision on continued use of the Service.

5. Security measures

Arealize implements technical and organisational measures designed to ensure a level of security appropriate to the risk, in line with GDPR Article 32. These measures include encryption at rest and in transit where feasible, access controls and audit trails, regular backups and stored copies of data to mitigate accidental loss, and organisational policies for information security, confidentiality, and incident response.

Further details about Arealize’s security measures may be disclosed in a documented policy or in the Trust Centre. Arealize may update these measures over time, provided such updates do not reduce the overall level of protection.

6. Assistance

Taking into account the nature of the processing, Arealize will endeavour to assist the Customer in fulfilling obligations related to data subjects’ rights, including but not limited to rights of access, rectification, erasure, restriction, and data portability. If Arealize directly receives any request from a data subject, it will notify the Customer and await further instructions, unless legally obligated otherwise.

Arealize will provide reasonable cooperation regarding the Customer’s obligations under GDPR Articles 32–36 (security measures, breach notifications, data protection impact assessments, and prior consultation). Where assistance goes beyond Arealize’s routine business measures, Arealize may charge the Customer a reasonable fee at Arealize’s then-current rates.

7. Data breach notification

Upon becoming aware of a personal data breach affecting personal data processed under this DPA, Arealize will notify the Customer without undue delay. The notification will include relevant details known at the time, enabling the Customer to meet any reporting obligations under applicable data protection law.

The Customer remains solely responsible for notifying supervisory authorities or data subjects, unless otherwise agreed or required by law. Arealize will provide additional information about the breach upon request, as such information becomes available.

8. Audits and compliance monitoring

The Customer retains the right to audit Arealize’s compliance with this DPA, however, no more than once per 12-month period (unless required by a data protection authority), subject to at least 30 days’ advance written notice, during standard business hours only, and in accordance with Arealize’s reasonable security and confidentiality requirements. Arealize may fulfil this obligation by providing relevant documentation, policies, and any available third-party certifications or reports available in the Trust Centre, in lieu of on-site inspections.

The Customer shall bear all costs associated with audits, unless a material non-compliance is found. If an on-site audit requires significant efforts beyond Arealize’s standard compliance measures, Arealize may charge reasonable costs at its then-current rates, provided an estimate is furnished before the audit commences.

9. Data return and deletion

Upon termination of the Agreement or at the Customer’s request, Arealize will, within a reasonable period and in accordance with the data retention period for Project Data set out in the Terms, return or securely delete personal data processed under this DPA. If copies are retained for backup or archival reasons, such data remains subject to this DPA until permanently deleted.

Arealize may retain personal data where required by law or where a legitimate interest compels continued storage, provided such retention is consistent with applicable data protection law.

Extended retention, data export services, or other handling beyond Arealize’s standard procedures may be subject to additional fees as set out in the Terms.

10. Miscellaneous

All other matters not specifically addressed in this DPA, including term and termination, confidentiality, indemnification, liability, changes, and governing law and dispute resolution, are governed by the corresponding provisions set forth in the Terms.