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Terms of Service

Acceptance

By creating an account or using the ArchiMind service — operated by Phi Consulting SRL (enterprise number 0791.297.492), Square des Martyrs 1, 6000 Charleroi, Belgium — you accept these Terms, which form an agreement between you and Phi Consulting SRL ("ArchiMind", "we", "us"). If you do not agree, do not use the service.

Professional (B2B) use only

The service is intended for professional use only. By using it you confirm that you act in the course of your trade, business, craft or profession — including as a self-employed or independent architect — and not as a consumer. Where you use the service for a firm or organisation, you warrant that you are authorised to bind it, and "you" then means that organisation. Because these Terms are concluded between undertakings, the Belgian consumer-protection regime does not apply; the mandatory fairness rules for business-to-business contracts (Code of Economic Law, Book VI) do.

The service

ArchiMind provides tools to draft, edit and export construction specifications, including AI-assisted generation and CDCX/IFC import. We continuously improve the service and may add, change or remove features. If we make a change that materially reduces a core feature you actively rely on, we will give at least 30 days' prior notice (by email or in-app); if that change has a material adverse effect on you, you may terminate the affected subscription and we will refund the pro-rata prepaid fees for the unused period.

Your account

You are responsible for safeguarding your credentials, for activity under your account, and for the accuracy of the registration and billing details you provide. Notify us without delay of any unauthorised use.

Acceptable use

You must not misuse the service, attempt to access it by unauthorised means, or upload content that infringes the rights of others or breaches applicable law. You are responsible for having the right to process any third-party personal data you enter (see Data protection).

Subscriptions, renewal and cancellation

Paid plans are offered on a monthly or annual basis and begin when you subscribe (unless a trial applies). Subscriptions renew automatically for the same period unless you cancel before the renewal date. Cancellation takes effect at the end of the current paid period; you keep access until then. Except where these Terms or the law provide otherwise, fees already paid for the current period are non-refundable. The free trial lasts 14 days, includes one project and needs no payment card; it converts to a paid plan only if you choose to subscribe, and otherwise the workspace becomes read-only, with the export rights described under Switching and your data after termination.

Fees, invoicing and payment failure

Prices are exclusive of VAT unless stated; VAT is applied where required. Phi Consulting SRL is the seller and merchant of record: it issues the invoice (including via the Peppol e-invoicing network where applicable); card and other payments are handled by our payment service provider. If a payment fails, we will retry and notify you; after a reasonable grace period an unpaid subscription may be suspended or moved to read-only, with your data preserved, until payment is resolved.

Your content and data

You retain ownership of the project content you create or upload. You grant us the licence needed to host, process and deliver the service to you and, where applicable, to the other members of your workspace. Our software, branding and templates remain our property.

Data protection

Where we process personal data contained in your content on your behalf, we act as your processor and you as controller; that processing is governed by our Data Processing Agreement, which forms part of these Terms and reflects GDPR art. 28. Our sub-processors are listed on the Sub-processors page, and we will inform you of changes with an opportunity to object as set out in the DPA. Our own processing of your account, billing and security data is described in the Privacy Policy.

Confidentiality

Each party will keep the other's non-public information confidential, use it only to perform these Terms, and protect it with reasonable care. This does not apply to information that is or becomes public without breach, was independently known, or must be disclosed by law or court order (with notice where permitted).

AI-assisted content

Output produced by AI assistance is provided as a draft. You are responsible for reviewing it for accuracy, completeness and suitability before relying on it. We do not warrant that AI output is fit for any particular purpose.

Warranties and service continuity

We will provide the service with reasonable skill and care and use commercially reasonable efforts to keep it available and to remedy reported faults within a reasonable time. Except as expressly stated in these Terms, and to the extent permitted by law, the service is provided without other warranties; we do not warrant that it will be uninterrupted or entirely error-free. Planned maintenance and reasonable service changes are part of normal operation.

Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded — including for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, death or personal injury caused by negligence, or the failure to perform an essential (principal) obligation of these Terms. Subject to that:

  • neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings, or for loss of data beyond restoring from the most recent available backup; and
  • each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid or payable by you in the 12 months before the event giving rise to the claim.

We take reasonable measures to back up service data, but you remain responsible for keeping your own copies of content that is important to you.

Suspension and termination

Either party may terminate a subscription with effect at the end of the current paid period (see Cancellation). Either party may terminate or suspend for material breach that is not cured within 30 days of written notice — or immediately where the breach cannot be cured, or where suspension is needed for security or legal reasons.

Switching and your data after termination

You may switch to another provider or to your own systems at any time; the following gives effect to Regulation (EU) 2023/2854 (Data Act), arts 23–25:

  • Starting a switch — tell us at contact@archimind.be; no notice period is required. The transition period starts at your request and lasts 30 days, extended once at your request if the export needs it; during it the service continues in full and we assist you with the export. Your subscription ends at the end of the transition period, or earlier when you confirm the switch is complete.
  • Retrieval — for 30 days after the end of the transition period your exports remain available.
  • Portable data and digital assets (exhaustive) — every specification in DOCX and PDF and every bill of quantities in XLSX through the in-app export tools, and your account and personal data as a JSON file through the account export. Content generated for you is part of your specifications.
  • Exempt (not portable) — the assistant chat history, the client registry, project settings beyond what the exports carry, files you uploaded (CDCX, IFC — deleted 7 days after upload), our software, templates and reference content, and the assistant-personalisation profile (inferred).
  • Charges — switching and export are free of charge.
  • Erasure — at the end of the retrieval period we erase the workspace's content and account data, except records we must keep by law (e.g. invoicing).

Members who leave a workspace that continues: the workspace keeps its content; ask its owner for anything you need.

Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control (for example, outages of essential infrastructure, cyber-attacks, natural events, or acts of public authorities), provided it takes reasonable steps to mitigate.

Changes to these Terms

We may update these Terms for a valid reason — for example to reflect changes in the service, our sub-processors or the law, or to improve clarity or security. For a material change we will give at least 30 days' notice by email or in-app and, where the change concerns the Terms or Privacy you acknowledged, ask you to re-acknowledge before it takes effect; if you do not accept, you may terminate before then and we refund pro rata any prepaid fees for the unused period. Non-material updates (such as clarifications) take effect when posted.

Assignment and notices

We may transfer these Terms, and our agreement with you, to an affiliate or to a successor that takes over the ArchiMind service, provided it takes on all our obligations and none of your rights under these Terms is reduced; we notify you at least 30 days in advance. You may not transfer your subscription without our written consent, which we will not refuse without a valid reason. Notices from us go to the e-mail address of your account or appear in the app; notices to us go to contact@archimind.be. A notice counts as received on the first business day after it is sent.

Governing law and jurisdiction

These Terms are governed by Belgian law. Any dispute falls under the jurisdiction of the courts of Brussels.