ArchX

ArchX License Terms (United States)

Last updated: October 13, 2026
Version 2026-10-13

The key points: AI results, the agent’s actions, liability and jurisdiction

Please read this section with particular care. On the points below, these terms are less favorable to the customer than the general law would be without them.

  • ArchX is an AI agent. Its results and actions can be wrong, incomplete or unwanted. This applies to quantity takeoffs, cost reviews, bid comparisons, code and permit research, construction administration records, specifications, drawings, models, images and text, and equally to actions on the customer’s computers and in its accounts, such as changing or deleting files, operating programs and browsers, using plugins or reading emails (sections 3 and 16).
  • By default, an AI decides on the agent’s requests (“Approve for me”). What the agent does under the customer’s settings is treated, as between the customer and TYTOS, as the customer’s own act (sections 3.3 and 3.4).
  • ArchX is a tool. TYTOS provides software, not architectural, design, engineering or other professional services. ArchX does not seal, sign or certify anything. Professional responsibility for the customer’s work stays with the customer (section 2.6).
  • Before any result is used, passed on, issued for bidding, relied on to award a contract, submitted, including to an authority, or used for invoicing, a named, suitably qualified person acting for the customer must check it and take professional responsibility for it. The customer must back up its data before it lets the agent work on it (section 15).
  • TYTOS is liable only for loss or damage it causes intentionally or through gross negligence. Any further liability is excluded as far as the law permits, in particular for slight and ordinary negligence, for its auxiliaries (such as employees and subcontractors) and for loss or damage caused by AI results and the agent’s actions. If TYTOS is nevertheless liable for slight or ordinary negligence, its liability is limited to the amount the customer paid for ArchX in the 12 months before the first event giving rise to loss, and for use free of charge to $2,290 (section 18). Liability for death and personal injury, for fraud and under mandatory product liability law is not affected.
  • Apart from the remedies for defects in section 14, ArchX is provided “as is.” TYTOS gives no warranty for results and actions and disclaims implied warranties, including of merchantability and fitness for a particular purpose, as far as the law permits (section 16.4).
  • Advertising, examples, demonstrations and test results describe ArchX; they are neither a warranty nor a guarantee (section 17).
  • The customer must indemnify TYTOS against third-party claims arising from its data, its documents and standards, its use of AI access and its use of the results (section 19).
  • The subscription renews automatically for the same period, a month or a year, until it is canceled, and each period is charged at its start to the saved payment method. The customer can cancel at any time online on the “Manage seats” page or by email, with effect from the end of the current period; amounts already paid are not refunded (sections 7.6 and 10).
  • The customer must report defects within 10 days of discovering them; claims for defects become time-barred after one year, as far as the law permits (section 14).
  • Swiss law applies. The courts of Kriens, Switzerland, have exclusive jurisdiction. If a court elsewhere hears a dispute nevertheless, both parties waive trial by jury and class, collective and representative actions, as far as the law permits (section 24).

1. Scope

1.1 These terms apply to every contract for the use of ArchX between TYTOS GmbH, Arsenalstrasse 40, 6010 Kriens, Switzerland, UID CHE-351.360.864, registered in the commercial register of the Canton of Lucerne under CH-100-4815289-0 (“TYTOS”), and its customers with their place of business in the United States (“customer”). In these terms, the United States means the 50 states and the District of Columbia. For a purchase, the customer’s place of business is taken to be the billing address it gives on the purchase page. The terms apply to the trial, to purchased seats and to free seats.

1.2 ArchX is offered to businesses only, in particular architecture and planning practices, including architects who practice on their own, and other businesses. TYTOS does not enter into contracts with consumers. Anyone who downloads, tries or buys ArchX confirms that they are acting for the purposes of their trade, business or profession, or on behalf of a business they represent and are authorized to act for, and not as a consumer for personal, family or household purposes.

1.3 Parts of the contract: the contract consists of these terms. Section 13.4 sets out how TYTOS processes personal data in documents the customer sends to support on the customer’s behalf. The data TYTOS processes in its own right is described in the Privacy Notice.

1.4 Version: every version of these terms carries its date as its identifier; this one is 2026-10-13. At the start of a trial and with every order, the service records which version applies and when it was accepted. Customers who accepted another version of these terms keep that version; nobody is moved to this version without accepting it, expressly or under section 23.

1.5 Acceptance: with an order and with every paid change to the number of seats, the customer accepts these terms by ticking a box. Anyone who uses ArchX without an order, during the trial or with a free seat, accepts them in the app by clicking “Connect with ChatGPT” or, for an API key, “Connect” when setting up AI access (section 2.2), or by clicking “Start trial.” Directly under each of these buttons, the app states that clicking it means agreeing to these terms and links to them and to the Privacy Notice; for a practice in the United States, it shows this version before AI access is set up. The trial starts only after such a click. The app keeps the version shown and the time of the click on the device, and sends that version when the trial starts; the service records it with the start of the trial (section 1.4).

1.6 Any terms of the customer that differ from these, including terms in purchase orders, apply only if TYTOS agrees to them in writing.

2. Services and requirements

2.1 ArchX has 2 parts:

  • The desktop app for Mac and Windows, with the AI agent and tools for working on projects, for example on quantities, cost reviews, bid comparisons, code and permit research and construction administration records.
  • The service: license check, trial, purchase, the “Manage seats” page for seats and invoices, updates and support.

2.2 AI access for each person. Every person using ArchX sets up their own AI access in the app: their own ChatGPT account on the Plus plan or higher, or their own API key from the customer’s account with a provider the app offers. Each person must use their own key; OpenAI and xAI require this.

  • Each person chooses their AI access in ArchX and may change it. Their seat stays with their email address (section 6.2).
  • The AI service is provided by the AI provider, that is, by OpenAI through the ChatGPT account or by the provider of the API key, not by TYTOS.
  • The customer bears the cost of AI access; it is not included in the price of ArchX. With an API key, the provider bills the customer directly. TYTOS does not sell AI usage. The customer manages credit and any spending limits in its account with the provider.
  • The provider’s terms apply to the ChatGPT account or the API key. The customer must comply with them, in particular with the rules on sharing accounts and passing on API keys.

2.3 What TYTOS does not control: the availability, quotas, models, answers and prices of the providers. If a provider changes them, this is not a defect of ArchX. Providers and their models differ: not every feature is available with every provider, and TYTOS does not warrant that every provider performs every task equally well.

2.4 Documents, codes and standards: the customer provides, under its own license, any documents, codes, standards, specifications, contract forms and price data it wants to use. TYTOS supplies no building code texts, master specifications, specification classification systems, standard contract forms or material prices. Code and permit information in ArchX is research based on the sources it names; it is not a determination of what the authority having jurisdiction requires.

2.5 System requirements: the app runs on the systems for which the download page offers a version. Working with the AI requires an internet connection.

2.6 A tool, no professional services and no advice: TYTOS provides software. It provides no architectural, design, engineering, construction administration, legal or tax services and takes no responsibility for the customer’s projects, bids, contracts, permits or construction. ArchX does not seal, sign or certify drawings, specifications or other documents; any seal, signature or certification is the act of the customer’s professional, under the rules that apply to them. ArchX supports the customer’s staff in their work; it does not replace their professional judgment, and the customer remains responsible for its work to its clients, to authorities and under its professional rules.

3. What the AI agent does

3.1 Results: on instruction, the agent produces in particular:

  • quantity takeoffs, unit conversions, cost reviews and cost information;
  • bid comparisons and bid leveling with recommendations;
  • code and permit research, such as jurisdiction and permit matrices;
  • construction administration records, such as RFI and change logs and payment reviews;
  • specification reviews and submittal registers;
  • drawings, sketches, models and images;
  • text, tables, calculations and other files.

3.2 Actions: the agent also takes actions itself, on the customer’s device and in the accounts the customer connects. Depending on the instruction and the approval, it can in particular:

  • run commands and programs;
  • read, create, change, move and delete files;
  • operate the computer, programs and a browser;
  • use plugins, connectors and extensions;
  • read emails, calendars and other accounts and act in them.

3.3 Approvals: the customer chooses in the app what the agent may do without asking. By default, “Approve for me” is set: an AI then decides on the agent’s requests without asking the customer, for example on access outside the approved workspace. Anyone who wants to decide on every request personally chooses “Ask for approval.” With “Full access,” the agent no longer asks. The choice, including leaving the default setting, and its consequences are the customer’s responsibility.

3.4 Attribution: what the agent does on the customer’s instructions and with the customer’s approvals is treated, as between the parties, as an act of the customer. Whatever the chosen or retained setting allows, including the decisions of the AI under “Approve for me,” is also treated as approved by the customer. As regards third parties, everything the agent does is treated as done by the customer.

3.5 Limits of AI: language models work with probabilities. They can invent content, misread documents, make assumptions, misunderstand instructions and solve the same task in different ways. ArchX marks assumptions as far as it recognizes them. TYTOS can neither inspect nor control the providers’ models.

4. Trial

4.1 Start: the trial starts automatically in the app once the person has accepted these terms there (section 1.5). With a ChatGPT account, it starts after the first sign-in, for the email address of that account. With an API key, it starts once the person has entered their email address in the app and confirmed it with the code (sections 6.2 and 6.3). If the terms were not accepted when AI access was set up, the app offers “Start trial” instead.

  • It is free of charge and needs no payment details; for the address of the ChatGPT account, it needs no device confirmation either.
  • It lasts 7 days. The app shows how many days are left.
  • It is available once to every email address that has no seat yet and is not an admin of a practice account.

4.2 End of the trial: the trial ends automatically, even on a device that is offline (section 11). It does not turn into a paid subscription and costs nothing. After it, the app works in read-only mode (section 9) until the customer buys a license.

4.3 Free of charge: these terms apply in full to the trial, in particular sections 15 to 19. No one is entitled to a trial; TYTOS may change or end it at any time.

5. Buying on the website: the steps to the contract

These are the technical steps for concluding the contract:

  1. Open the purchase page: “Buy licenses” on the website or in the app opens the service’s purchase page for the United States in the browser.
  2. Enter the details: name of the practice, email address, number of seats, monthly or yearly billing, billing address in the United States (street, city, state and ZIP code) and, optionally, a discount or referral code. The purchase page states the prices of the practice license and of each additional seat in U.S. dollars, excluding taxes (section 7.2).
  3. Confirm business use, the renewal and the terms: the purchase page explains the automatic renewal and how to cancel (section 10); for yearly billing, the customer confirms the automatic renewal by entering its initials there. The customer confirms by ticking one box that it is buying for its business and not as a consumer, and by ticking another that it has read and accepts these terms. The version of these terms and their sections 15 to 19 on liability are named next to that box.
  4. Continue to payment: the “Continue to payment” button opens Stripe’s payment page (Stripe Checkout). Nothing has been ordered yet.
  5. Check and pay at Stripe: Stripe shows the seats, the billing, the price, any tax TYTOS collects and the total in U.S. dollars. The customer chooses a payment method there and enters the payment details.
    • The customer can correct payment details on Stripe’s page. To change details entered on the purchase page, such as the billing address, it follows the link back from Stripe to the purchase page and enters them again.
    • By completing the payment at Stripe, the customer places a binding order. The contract is concluded when Stripe confirms the payment.
    • If the customer cancels at Stripe, no contract is formed and nothing is charged.
  6. Confirmation: TYTOS will confirm the order by email.
  7. Activation: the license becomes active in the app at the next license check, that is, the next time the app starts or after 24 hours at the latest. For this, the app must show the seat’s email address as its license email address (section 6.2). Each device used with a paid seat must be confirmed once with a code (section 6.3).

Language and record of the contract: the contract is concluded in English only. TYTOS keeps a record of each order, with the version of these terms accepted and the time of acceptance; on request, it sends the customer the text of the version that applies to it. The customer can save and print these terms from this page at any time.

Buying from the “Manage seats” page: a purchase for the United States always goes through the purchase page for the United States, even when the admin starts on the “Manage seats” page. Steps 2 to 7 apply.

Afterwards, the customer’s admin manages seats, invoices and payment methods on the “Manage seats” page (section 6.9). The admin signs in there with a link sent by email.

6. License and seats

6.1 Right of use: for the term of the contract, TYTOS grants the customer a non-exclusive, non-transferable license to use the app with the purchased number of seats for its own business purposes.

6.2 A seat is the email address of a particular person. It need not be the address of their ChatGPT account.

  • In the app it is called the license email address. At the first sign-in with ChatGPT, the app uses the address of the ChatGPT account. With an API key there is no account address, so the person enters one with “Enter email address.” With “Change email address,” the person enters a different address. An address the person enters must be confirmed once on each device with a code the service sends to that address.
  • For the address of the signed-in ChatGPT account, the code is needed only for paid and free seats (section 6.3).
  • If the person connects a different ChatGPT account or API key, their license email address stays the same.
  • The customer’s admin assigns the seats and can reassign them to another person at any time.
  • A change takes effect within 24 hours, or within 3 days on devices that are offline.
  • If more people are assigned than seats were bought, the people assigned last work in read-only mode.

6.3 Device confirmation for paid and free seats: for such a seat to be valid on a device, the service sends a 6-digit code to the seat’s email address. The code is valid for 15 minutes. The confirmation is needed once per device. During the trial, it is needed only for an address the person entered in the app (section 6.2).

6.4 Devices: a seat can be active on at most 2 devices at the same time. If a third device signs in, it replaces the device that has been inactive for the longest time, which then switches to read-only mode.

6.5 Free seats: TYTOS may provide a customer with seats free of charge, for example for pilot practices or partners, for a fixed period or with no end date. These terms apply to them in the same way. No one is entitled to free seats. They end on the date stated; if there is no date, TYTOS may end them by giving 30 days’ notice by email. After that, these seats work in read-only mode until the customer buys a license.

6.6 What the customer must not do:

  • share seats with other people;
  • pass the app on to third parties;
  • get around the license check, signatures or locks;
  • reverse engineer the app, except where the law expressly permits it;
  • use ArchX for unlawful purposes or contrary to the terms of its AI provider.

6.7 Third-party components: the app contains third-party components, including OpenAI’s Codex core. Their licenses, which are supplied with the app, apply to them.

6.8 Rights in the results: what the customer creates with ArchX belongs to the customer, as far as TYTOS has rights in it. The rights in documents, codes, specifications and standards the customer provides remain with the customer or their owners. TYTOS does not warrant that results are free of third-party rights.

6.9 Adding seats and changing their number: during a current subscription, the admin changes the number of seats on the “Manage seats” page.

  • Adding one seat with a checkbox: if every seat is taken, the admin can buy one more seat by ticking a box when assigning a seat to a person (“Buy a seat and invite” or “Buy a seat and assign it”). The checkbox shows the pro rata amount payable immediately and the price of the seat per month or per year.
  • A different number: with “Change number of seats,” a summary shows the new number, the new total per period and, for more seats, the pro rata amount payable immediately. The order is placed with “Confirm change and pay.”
  • When an additional seat becomes valid: only once the pro rata payment has succeeded (section 7.4). If it fails, no seat is added, the invoice for it is canceled, and the page says so right away.
  • TYTOS will confirm every change by email.

6.10 Colleagues in a trial: if a person tries ArchX in a trial of their own with an email address on the same domain as the signed-in admin, the “Manage seats” page shows this admin their address and the date their trial started, but not how they use ArchX. Addresses of public email providers do not count as the domain of a practice. If the admin gives the person a seat (“Assign a seat” or “Buy a seat and assign it”), their own trial ends and they continue working under the customer’s practice account.

6.11 Export controls and sanctions: the app contains components of U.S. origin. The customer must comply with the export control and sanctions laws that apply to it and to ArchX, in particular those of the United States and of Switzerland.

  • The customer confirms that neither it nor any person who uses its seats is named on a sanctions list of the United States (such as the list of Specially Designated Nationals kept by the Office of Foreign Assets Control), the United Nations, the European Union, the United Kingdom or Switzerland, or is owned 50% or more or controlled by such persons.
  • The customer will not use ArchX, or let anyone use it, in a country or region subject to comprehensive U.S. sanctions, for a person named on such a list, or for a use these laws prohibit.
  • If this is not or no longer true, TYTOS may end the contract with immediate effect (section 10.4).

7. Prices and payment

7.1 Price: the price consists of the practice license and the additional seats, each per month or per year, in U.S. dollars:

  • The practice license includes one seat, that is, one person.
  • Each additional seat has its own price.

The prices that apply are those shown before the order on the purchase page and by Stripe, or in the order summary; for a change to the number of seats, the amounts shown with the checkbox or in the summary of the change.

7.2 Taxes: all prices are in U.S. dollars and exclude sales, use and similar taxes.

  • Where TYTOS is required to collect sales or a similar tax on a purchase, it adds the tax to the price at the applicable rate. The tax is then shown at checkout and on the invoice; for a current subscription, from the first invoice after TYTOS starts collecting it.
  • Where TYTOS does not collect a tax that applies to the purchase or the use of ArchX, the customer is responsible for reporting and paying it, for example as use tax it assesses itself.
  • TYTOS uses the billing address the customer gives on the purchase page to determine which taxes apply. If the billing address changes, the customer must update it or tell TYTOS without delay.
  • The customer pays the amounts invoiced in full, without deducting any tax or other amount. If the law requires it to withhold a tax, it pays the additional amount needed so that TYTOS receives the full amount invoiced.

7.3 Payment methods: payment is made online through Stripe, for monthly and yearly subscriptions, with the payment methods Stripe offers on the payment page. Invoices are issued through Stripe.

7.4 Billing: each period is billed at its start, for the whole period.

  • More seats during a period: the amount for the rest of the current period is charged immediately, pro rata, to the saved payment method. From the next period, the total with the additional seats applies.
  • Fewer seats during a period: for the rest of the current period, there is a pro rata credit on the next invoice.
  • The customer switches between monthly and yearly subscriptions in Stripe’s customer portal (“Payment details and invoices” on the “Manage seats” page). A switch to the yearly subscription takes effect at once: the yearly price is charged immediately, less a credit for the unused part of the current month; a switch to the monthly subscription takes effect at the end of the paid year.

7.5 Price changes: if TYTOS changes the prices for new orders, a current subscription keeps its price until the customer switches between monthly and yearly billing. If TYTOS wants to change the price of a current subscription, it will give the admin at least 30 days’ notice by email. The new price applies from the next period at the earliest. If the customer does not agree, it can cancel with effect from the end of the current period.

7.6 Refunds: if the customer cancels, the license remains valid until the end of the paid period. Amounts already paid for this period are not refunded. This does not affect the credit under section 7.4 or the refund under section 14.3.

8. Late payment

8.1 Online payment: if a payment fails, Stripe tries again. Meanwhile, the license remains valid, and the “Manage seats” page shows the outstanding payment. If the payment ultimately fails, the app switches to read-only mode until payment is made.

8.2 Interest: interest of 5% a year is payable on overdue amounts (Art. 104 para. 1 Swiss Code of Obligations).

8.3 Seats are kept: once payment is made, the license becomes valid again at the next check.

9. Read-only mode

What works in read-only mode:

  • opening, viewing and exporting projects and conversations;
  • receiving updates.

What does not work: new instructions to the agent.

Files ArchX has created are not locked by the license. They stay with the customer.

The app works in read-only mode:

  • after the end of the trial without a purchase;
  • if payment is late (section 8);
  • after the end of the contract and after the end of a free seat;
  • for people not covered by a seat (section 6.2);
  • on a device replaced by a newer one (section 6.4);
  • after 3 days offline, and during the trial no later than its end (section 11).

10. Term and cancellation

10.1 Term and automatic renewal: the subscription runs for one month or one year, as chosen with the order, and renews automatically for the same period each time until it is canceled under section 10.2, 10.3 or 10.4. At the start of each new period, the price for that period (section 7) is charged to the payment method saved for the subscription.

10.2 Cancellation by the customer: the customer can cancel at any time with effect from the end of the current period, without giving reasons:

  • online: on the “Manage seats” page with “Cancel subscription,” which leads to Stripe’s customer portal, where the cancellation is confirmed;
  • or by email to support@frontierx.ch.

The license remains valid until the end of the current period, and no further period is charged. TYTOS will confirm the cancellation by email. Until the end of the period, the admin can withdraw the cancellation on the “Manage seats” page.

10.3 Cancellation by TYTOS: TYTOS can cancel with effect from the end of a period. It will give the admin at least 30 days’ notice by email.

10.4 Good cause: either party can terminate the contract with immediate effect for good cause. Good cause includes in particular a serious breach of section 6.6, a breach of section 6.11, and a business confirmation or billing address given on the purchase page that turns out to be untrue (sections 1.2 and 5); in the last two cases, TYTOS will refund what was paid for the period not yet used, unless the law prohibits the payment.

10.5 After the end of the contract, the app works in read-only mode. TYTOS deletes or anonymizes the data in the service at the end of the retention periods set out in the Privacy Notice.

11. Without an internet connection

The app checks the license when it starts and every 24 hours. Without a connection, a valid license stays valid for 3 days, but, during the trial, only until the trial ends. After that, the app works in read-only mode until it can reach the service again. An outage of the service therefore does not lock anyone out immediately.

12. Updates and changes

12.1 Automatic: the app downloads updates in the background. An update takes effect the next time the app starts, never while work is in progress. Updates do not depend on the license.

12.2 Codex core: TYTOS decides which version of the Codex core the app loads.

12.3 Minimum version: TYTOS can set a minimum version. An older version then accepts no new instructions until it has been updated. Work in progress is not interrupted.

12.4 Features: TYTOS may develop and change ArchX. If an essential feature is removed, TYTOS will announce this in advance by email. The customer can then cancel with effect from the end of the period.

13. Availability and support

13.1 App and service: the app runs on the customer’s device. The service is operated with due care; TYTOS does not warrant any particular availability. TYTOS will announce maintenance in advance where possible.

13.2 Third parties: TYTOS is not responsible for the availability of AI providers, internet connections or services the customer connects.

13.3 Support: by email to support@frontierx.ch and with “Report a problem” in the app. TYTOS usually answers within one business day (Monday to Friday, Swiss business days, Swiss time (CET/CEST); for most of the year, Switzerland is 6 hours ahead of New York and 9 hours ahead of Los Angeles). This is a target, not a guarantee. There is no telephone support. Remote help is available only by appointment, by screen sharing in a video call, using a tool the customer chooses.

13.4 Documents in support: if the customer sends support reports, attachments or emails containing personal data from its projects, TYTOS processes this data on the customer’s behalf, as its processor or service provider, as described in the Privacy Notice (section 4.8). For this data, TYTOS:

  • uses it only to deal with the request and fix errors, and for no other purpose; in particular, it does not sell or share it and does not use it to train AI models;
  • keeps it confidential and gives access only to people at TYTOS who need it for the request and are bound to confidentiality;
  • uses only the recipients named in section 5 of the Privacy Notice, under their data processing terms, and announces any other recipient by updating the Privacy Notice before using it;
  • protects it as described in section 9 of the Privacy Notice and informs the customer without undue delay if a security breach affects it;
  • helps the customer, where needed, to answer requests from the people concerned;
  • deletes it at the end of the periods in section 7 of the Privacy Notice, or earlier if the customer asks.

14. Defects

14.1 Notice: the customer must report defects in the app or the service through “Report a problem” or by email, with a description that allows TYTOS to understand the defect, within 10 days of discovering them. If it does not, the service is deemed accepted with regard to that defect.

14.2 Remedy: TYTOS will remedy reproducible defects within a reasonable time by an update or a workaround. Errors, gaps and deviations in AI results and the agent’s actions (section 3.5) are not in themselves a defect of the software.

14.3 If the remedy fails: if TYTOS does not succeed within a reasonable time and use is considerably impaired, the customer can terminate the contract with immediate effect. TYTOS will then refund amounts paid in advance for the remaining term.

14.4 Further claims for defects are excluded as far as the law permits. Liability under section 18 is not affected.

14.5 Limitation: claims for defects become time-barred one year after the service concerned was provided, as far as the law permits such a shorter period. Otherwise the statutory periods apply.

15. The customer’s duties

The customer must:

  • have every result checked by a named, suitably qualified person acting for the customer before it uses the result, passes it on, issues it for bidding, relies on it to award a contract, submits it, including to an authority, or uses it for invoicing; that person takes professional responsibility for the result, and where the work requires a licensed architect or engineer, that person must hold the license required and exercise the responsible control or supervision that the licensing law requires; this means checking quantities against the drawings and documents, cost figures and bid comparisons against the bids and the contract, code and permit information against the current official sources of the authority having jurisdiction, and items against the specification;
  • regularly make its own backups of its data, in particular before it lets the agent work on files, folders, programs or accounts;
  • choose the approvals (section 3.3) with care and connect only accounts, plugins and services whose use by the agent it can answer for;
  • provide AI access under section 2.2 and choose the provider, plan and data protection settings with the provider so that it may pass to that provider the data it gives ArchX (Data and AI explains what goes where);
  • use only documents, codes, specifications, standards, drawings and data it is entitled to use and to pass to its AI provider, and inform the people concerned where the law requires it;
  • use seats only for its own staff or people it has engaged, and refer them to these terms;
  • label AI-generated content as such when sharing it with third parties, where the law or the terms of its AI provider require it, and never present it deceptively as made by people.

16. AI results and the agent’s actions

16.1 Drafts: all results of ArchX are drafts for the customer to check. They can be wrong, incomplete, out of date or contrary to codes and standards, even when they appear convincing. This applies in particular to quantity takeoffs, cost reviews, bid comparisons and recommendations, code and permit research, construction administration records, specifications, drawings, models, images and text.

16.2 Actions: the agent’s actions can have unwanted consequences, such as changed or deleted files, programs operated incorrectly, entries in other systems or confidential content being read. The customer must supervise the work the agent does under the approvals the customer has given.

16.3 The customer’s responsibility: the customer decides whether and how it uses results and which actions it allows the agent to take. It is responsible for this to its clients, contractors, authorities and other third parties.

16.4 NO WARRANTY: APART FROM THE REMEDIES FOR DEFECTS IN SECTION 14, ARCHX, ITS RESULTS AND THE AGENT’S ACTIONS ARE PROVIDED “AS IS.” TYTOS DOES NOT WARRANT THAT RESULTS OR ACTIONS ARE COMPLETE, CORRECT, COMPLIANT WITH CODES OR STANDARDS, FREE OF THIRD-PARTY RIGHTS OR FIT FOR A PARTICULAR PURPOSE, OR THAT ARCHX WILL WORK WITHOUT INTERRUPTION OR ERROR. AS FAR AS THE LAW PERMITS, TYTOS DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS FOR ARCHX, ITS RESULTS AND THE AGENT’S ACTIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, UNDER WHATEVER LAW THEY MIGHT ARISE.

17. Advertising, examples and test results

Statements in advertising, on websites, in demonstrations, videos, examples and case studies, and test results such as accuracy rates, quantities or time saved, describe ArchX under the conditions of each case. They are not a warranty, express or implied, of any particular characteristics, for example within the meaning of Art. 197 Swiss Code of Obligations, and not a guarantee, however this contract is classified.

A warranty or guarantee applies only if TYTOS expressly calls it a “warranty” or “guarantee” in a document it has signed. Advertising, emails, chats and conversations are not enough. Results depend on the documents, the instructions, the approvals, the provider chosen and its models, and differ from case to case.

18. Liability

18.1 Exclusion: TYTOS is liable only for loss or damage it causes intentionally (with unlawful intent) or through gross negligence (Art. 100 para. 1 Swiss Code of Obligations). Any further liability is excluded, whatever the legal basis, whether in contract, in tort, including negligence, or otherwise, in particular liability for slight and ordinary negligence.

18.2 In particular, section 18.1 excludes liability for:

  • loss or damage from AI results and the agent’s actions (sections 3 and 16), such as wrong quantities, cost figures, bid comparisons, code or permit information or drawings, change orders, additional costs, construction delays, rejected permit applications, deleted or changed files and entries in accounts;
  • loss or damage from the use of results that no qualified person has checked, and from missing backups;
  • services of AI providers, internet providers and other third parties, including plugins and services the customer connects;
  • costs the AI provider charges the customer for using its services, even if they arise from instructions given to the agent or from the agent’s actions;
  • indirect, incidental, special and consequential loss, loss of profits, third-party claims and loss of data.

18.3 Auxiliaries: liability for TYTOS’s auxiliaries (people TYTOS uses to perform the contract, such as employees and subcontractors) is excluded as far as Art. 101 para. 2 Swiss Code of Obligations permits.

18.4 Cap on liability: if TYTOS is liable for slight or ordinary negligence despite section 18.1, for example because the exclusion does not apply in a particular case, its liability in aggregate is limited to the amounts the customer paid for ArchX in the 12 months before the first event giving rise to loss; for use free of charge (trial and free seats), it is limited to $2,290. This cap does not apply to loss or damage caused intentionally or through gross negligence, or to the liability in section 18.6. Sections 18.1 to 18.4 apply even if a remedy under section 14 fails of its essential purpose.

18.5 Trial and free seats: for use free of charge, liability is also assessed more leniently (Art. 99 para. 2 Swiss Code of Obligations).

18.6 Personal injury, fraud and mandatory law: sections 18.1 to 18.5 do not apply to liability for death or personal injury, for fraud or fraudulent misrepresentation, or under mandatory product liability law. This does not affect any other liability that cannot be limited or excluded by law, or the rights people have under data protection law.

18.7 People at TYTOS: sections 18.1 to 18.5 also apply for the benefit of TYTOS’s officers, employees and auxiliaries.

19. Indemnity by the customer

The customer must indemnify and hold harmless TYTOS against all third-party claims, including reasonable costs of defense, that arise because:

  • documents, data, codes, specifications, standards or drawings the customer gives ArchX infringe third-party rights or data protection law;
  • the customer uses its AI access (ChatGPT accounts or API keys) or connected services contrary to their terms;
  • the customer uses the agent’s results or actions in dealings with third parties, for example in bids, contracts, permit applications, submissions to authorities or invoices;
  • the customer breaches these terms.

This does not apply where the claim is based on intent or gross negligence on the part of TYTOS. TYTOS will inform the customer of such claims without delay and will let it conduct the defense where possible.

20. Data protection

20.1 Project data: instructions, documents, files and results go from the app directly to each person’s AI provider: through their ChatGPT account to OpenAI, or with an API key to the provider of that key, without any service in between. TYTOS does not receive this data or the API keys and is neither controller nor processor for this processing. The customer and the provider concerned are responsible for it. Data and AI describes what the app sends where.

20.2 Data at TYTOS: the data TYTOS processes for account, license, purchase, billing, support and updates is described in the Privacy Notice.

20.3 Support: section 13.4 applies to documents the customer sends to support.

21. Confidentiality

Each party will keep the other party’s confidential information confidential, both during and after the contract.

22. Discount and referral codes

A referral code links the customer to the referral partner who introduced it; it does not change the price or the services. A discount code reduces the price as Stripe shows it before the order is placed, for the period shown there; after that period, the regular price applies.

23. Changes to these terms

TYTOS may change these terms. Each new version receives a new date as its identifier. TYTOS will give the admin at least 30 days’ notice of changes by email before they take effect. Material changes take effect only when the customer expressly accepts them, or at a subsequent renewal after prior notice and agreement. Silence alone is not acceptance. If the customer does not agree, it can cancel at the end of its current paid period; the accepted version applies until then. A new version of the terms for another country does not change this version.

24. Final provisions

24.1 Governing law: Swiss law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of the Swiss Federal Act on Private International Law are excluded.

24.2 Jurisdiction: the courts of Kriens, Canton of Lucerne, Switzerland, at the registered office of TYTOS GmbH, have exclusive jurisdiction over all disputes arising out of or in connection with this contract, whether in contract, in tort or otherwise. This choice of court binds both parties equally. Each party submits to the jurisdiction of these courts and waives any objection to them based on personal jurisdiction, venue or inconvenient forum.

24.3 WAIVERS IF A COURT ELSEWHERE HEARS A DISPUTE: IF, DESPITE SECTION 24.2, A COURT OTHER THAN THE COURTS OF KRIENS HEARS A DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, THEN, AS FAR AS THE LAW PERMITS, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS OWN NAME AND INDIVIDUALLY, NOT AS A PLAINTIFF OR MEMBER OF A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. This does not change section 24.2.

24.4 Severance: if a provision is wholly or partly invalid, the rest continues to apply. The invalid provision is replaced by the valid rule closest to its purpose; for a limitation of liability, by the most far-reaching one the law permits.

24.5 Notices: email is sufficient for notices unless these terms say otherwise.

24.6 Language version: for customers with a billing address in the United States, this English version is authoritative. It takes precedence over other versions and translations of these terms.

24.7 Entire agreement: these terms are the entire agreement between the parties about ArchX. They replace earlier proposals and statements on the same subject, unless TYTOS has expressly agreed otherwise in a document it signed (sections 1.6 and 17). This does not limit liability for fraud.

24.8 Assignment: TYTOS may transfer this contract, with all rights and obligations, to an affiliated company or to the acquirer of the ArchX business by notifying the admin by email; the customer may then cancel with effect from the end of the current period. The customer may transfer the contract only with TYTOS’s written consent.