Terms of Service

These Terms are linked from the sign-in page and can be read, saved and printed at any time. After signing in, and before using the Service, a person is asked to accept the version in force by ticking a box and pressing a button. We record which version was accepted, when, and the email address the person signed in with.

These Terms become part of the contract when a person accepts them after signing in, when the customer places an order, or when the Service is used, whichever happens first. A person accepting them confirms they are authorised to bind the organisation they act for.

The customer's own purchasing or procurement conditions do not apply, even where we perform without objecting to them. A term of that kind applies only if we have accepted it in writing, naming it.

Attention is drawn to the following clauses, which limit what the customer may claim or impose duties on the customer: clause 4 on what the Service is not, clause 8 on backups, clause 13 on notice of defects, clause 14 on warranty, clause 15 on the waiver of laesio enormis, and clause 16 on liability. They are stated in plain terms so that they are not surprising within the meaning of Section 864a ABGB.

The contract is between the customer and DI Osama Almughanni BSc, sole proprietor, Döblergasse 3/3/8, 1070 Vienna, Austria, trading as "Syncture". Registration details are in the Legal Notice. In these Terms "we" and "us" mean that person.

Software is the Syncture application and Revit add-in, which run on the customer's own Windows computers. Service is the hosted storage and the interfaces the Software publishes into. Customer Data is everything the customer publishes: projects, folders, models, versions and the names attached to them. A Recipient is a person outside the customer's organisation whom the customer gives access to. A Workspace is the container an account's projects live in, created either with encryption on or with encryption off, and the choice is fixed for its life. A Workspace Key is the 256-bit key generated on the customer's side for a workspace created with encryption on.

Syncture is offered only to entrepreneurs within the meaning of Section 1 UGB and to public bodies acting in that capacity. It is not offered to consumers. The customer confirms it contracts for purposes of its trade or profession. The Consumer Protection Act and the Distance and Off-Premises Contracts Act do not apply to this contract.

The Software and the Service are ordinary business software. They are not designed or supplied for use where failure could lead to death, personal injury or environmental harm, and must not be used in that way. Nothing published here is engineering, structural, legal or professional advice, and every drawing remains the customer's own professional responsibility.

The Software runs on the customer's machines. The Service authorises every read and every publish before any content moves, against the caller's workspace membership, shares and groups. A machine holds a short-lived credential and nothing else. Customer Data remains the customer's property, and nothing here transfers any right in it beyond the licence in clause 7.

Where a workspace is created with encryption off, which is the default, Customer Data is stored in a form we are able to read. That is what lets the Service serve, deduplicate and version it, and it is true of every hosted service of this kind. What limits that access is this contract, the Data Processing Agreement, the Privacy Policy and Austrian law. It is not limited by cryptography. Under valid legal process we could be required to produce a model in readable form.

In an encrypted workspace, the bytes of every published file and every element-ownership document are encrypted by the Software on the customer's own Windows machines, under a Workspace Key that is never transmitted to us. We hold no key with which to open them, and we hold nothing from which one could be derived. If the customer loses the Workspace Key, the versions published into that workspace are gone. No support process, escalation or legal instrument changes that, and clause 16(6) applies where the loss caused or increased a loss.

In either kind of workspace we hold in readable form: workspace, folder and project names; the relative path and exact byte length of every file in every version; the number and stored size of each piece; the sequence, time, author, note and host release of every publish; the share graph with its capabilities; and which machine holds a lock. A customer for whom a client's name must not appear anywhere should name folders after job numbers.

The Service is not a backup service, a disaster recovery service, an archive, a document management system, a common data environment or a compliance product. Version history is a record of what was published. It is not a backup, and clause 8 says what is.

Syncture is an independent product. It is not affiliated with, endorsed by, sponsored by or certified by Autodesk, Microsoft or Cloudflare. The customer is responsible for holding its own licences for the host applications it runs. A change by a third party that breaks interoperability is not a defect in the Software.

Creating a workspace is switched on for an address when we set the account up. Everything else works without it, and a workspace somebody shares with the customer needs nothing from us. A new workspace receives 100 GB of storage for one month, free, with no card. There is no continuing free allowance. Storage beyond that is ordered by email to mail@syncture.com and invoiced monthly. Storage is charged whether or not it is used.

Reaching the storage limit stops publishing and nothing else. Everything already stored stays readable, downloadable and exportable. Nothing is ever deleted for non-payment or because a trial ended. Read-only is where not paying ends, and there is no grace period to run out of. The inactivity rule below is the only thing that closes an account, and it is about silence rather than money.

Deletion is real and cannot be undone. There is no trash, no recovery window and no copy kept. Deleting a folder or a project removes its structure at once and releases the underlying bytes, which are then removed from storage once nothing else refers to them. Neither the customer nor we can reverse it. A person granted "can manage" can delete, and the customer decides who holds that.

Rows removed from our database may persist for up to thirty days in the platform's own point-in-time recovery, which exists so the service can be restored after a fault and is not reachable as a customer feature. Nothing is restored from it at a customer's request.

An account with no paid storage that nobody has signed in to or published to for twelve months is written to three times before it is closed, and signing in once stops the sequence. The Privacy Policy sets out the intervals. An account with paid storage is never closed for inactivity. Uninstalling the Software deletes nothing held by the Service.

A storage size is ordered by email. An order is accepted when we activate the size on the account or issue the first invoice for it, whichever comes first, and we activate one only once the owner of the workspace has accepted these Terms after signing in. Every invoice names the version of these Terms it is issued under. A quotation is not an offer capable of acceptance unless it says so and states how long it stands.

Prices are those published on the pricing page at the date of the order. We may change prices for future periods on thirty days' notice by email. A customer who does not accept a change may terminate under clause 19 with effect from the date the change would take effect, and the previous price applies until then.

We grant the customer a non-exclusive, non-transferable, non-sublicensable licence to install and use the Software for its own internal business purposes for as long as this contract runs. All rights in the Software, the Service and their documentation remain ours. Nothing in the licence transfers ownership.

The customer will not:

• copy the Software beyond what installation and ordinary use require, or modify it;
• reverse engineer, decompile or disassemble it, except to the extent Section 40e UrhG and Article 6 of Directive 2009/24/EC permit for interoperability, and then only after asking us in writing for the information needed and allowing a reasonable time to supply it;
• rent, lease, resell, or operate it as a bureau or hosted service for a third party;
• remove or obscure any notice of ownership or authorship;
• use it to build or assist a competing product;
• probe, scan or test the Service other than under the disclosure terms in the Legal Notice;
• share sign-in credentials, or let a person use an account issued to somebody else.

Rights that Union or Austrian law grants a lawful acquirer and does not allow to be excluded are unaffected by this clause.

The customer is responsible for maintaining its own independent, tested backups of everything it publishes, and for verifying that a restore works. This is a duty of the customer under this contract, not a recommendation. Version history in the Service is a record of publishing and is not a backup: it lives in the same system, and a deletion the customer makes removes it.

For a workspace created with encryption on, that duty extends to keeping a durable, independent record of the Workspace Key. The key exists only where the customer put it. Nothing here can reproduce it.

The Software writes the whole of an account to a folder on disk in a documented layout, in one command, which is what makes this duty a small one. For a workspace created with encryption on, that export runs on a machine holding the key.

Synchronisation moves what is on the customer's machines into storage. It does not judge it. A model that has been corrupted, truncated, overwritten in error or scrambled by ransomware is published as it stands, because that is what publishing is. Nothing in the Software can tell a good model from a bad one.

Two things follow for the customer. On any suspicion of a security incident anywhere on its network, stop synchronising first: close Revit, disconnect the machines, and write to mail@syncture.com. And at least one copy must be kept where no machine on that network can reach or write to it. An export written to a network share is not that copy, and it is the copy this kind of event takes first. Clause 8 asks for a copy. This paragraph says where it has to live.

One thing follows for us. We may make a workspace read-only without notice where we see a pattern that looks like mass overwriting, and we will say so the same day. We do not undertake to notice, and clause 15 says why. A published version is addressed by the hash of its contents and is never overwritten, so an earlier version of a model is still there and retrieving it is a support request.

Where a model is lost or damaged because something on the customer's side wrote bad data and the Software carried it, that is not a defect in the Software and not a liability of ours.

Where a breach of this clause caused or increased a loss, our liability is reduced accordingly under Section 1304 ABGB. Clause 16(6) states that consequence.

The customer is responsible for its users, its Windows machines, its network, its identity provider and its own security controls. Multi-factor authentication, conditional access, device compliance and session policy are enforced by the customer's identity provider. We inherit them and can weaken none of them, and we supply none of them.

The customer decides who is in a workspace, what each share allows, and whether a workspace is created with encryption on. It is responsible for the lawfulness of what it publishes, for holding the rights to it, for its fitness for the customer's purpose, and for keeping at least one person able to administer the account. Where the customer's own professional or contractual obligations require something this Service does not provide, meeting them remains the customer's responsibility.

Removing a person in the console withdraws their access on their next request, within the hour, and withdraws every device credential issued to them. Do it on the day they leave. Telling us instead is slower, because we read email on business days.

The customer decides which Recipients get access and what each may do. A Recipient's use is the customer's responsibility. The customer will ensure each Recipient complies with clauses 3, 7 and 11, and will indemnify us under clause 17 for their acts and omissions.

Every limitation and exclusion in these Terms is agreed for our benefit and for the benefit of each Recipient's claims against us, as a contract in favour of a third party under Section 881 ABGB. A Recipient who brings a claim against us in any capacity is subject to the same limits as the customer. The aggregate cap in clause 16 is a single cap and is not multiplied by the number of claimants.

A Recipient granted "can manage" can delete irreversibly, including work the customer did not create. That is a consequence of the grant and not a defect.

The customer will not use the Service to store or distribute unlawful content, malware, or data obtained unlawfully, and will not use it in breach of export control, sanctions, data protection or professional secrecy obligations. The customer will not attempt to reach another account's data or to interfere with the operation of the Service.

We may suspend access, in whole or in part, where it is necessary to protect the Service, other customers or a third party, or where we are required to by law. We will tell the customer as soon as we reasonably can, and lift the suspension once the cause is gone. A suspension is not a deletion. Nothing is removed because of one.

Reporting unlawful content. We do not read customer files, so we do not look for it, and nothing stored here is scanned or moderated in advance. Anybody who believes something stored in Syncture is unlawful should write to mail@syncture.com with enough detail to find it and to see why: what it is, where it is, why they say it is unlawful, and how to reach them. We confirm receipt, decide the matter ourselves without any automated means, and tell both the person who reported it and the account concerned what was decided.

Where we restrict access to something because it is unlawful or breaches these Terms, the account concerned receives a written statement of the reasons and of what it may do about it, including going to court. If we get it wrong, say so and we will look again. This is our notice and action mechanism for the purposes of Articles 16 and 17 of Regulation (EU) 2022/2065, and the contact point in the Legal Notice is the one that mechanism runs on.

Builds are signed and are verified against a published SHA-256 before installation. The Software checks for updates and can be updated by command. The customer will obtain the Software only from our official distribution.

The current version and the version before it are supported. Security updates are provided for a version for at least twelve months after it is superseded. That is the support period for the purposes of Regulation (EU) 2024/2847. Vulnerability reports go to mail@syncture.com on the terms in the Legal Notice.

The customer will inspect the Software and the Service without undue delay after they are made available and will report any defect to mail@syncture.com in writing, in enough detail to reproduce it.

An apparent defect must be reported within fourteen days of delivery or of the event complained of. A defect that was not apparent must be reported within fourteen days of its discovery. Where notice is not given in time, the performance is deemed approved for that defect, and claims for warranty, damages, mistake as to defect-freedom and reduction in respect of it are excluded. Section 377 UGB otherwise applies.

This does not apply to a defect the customer could not have discovered by the inspection this clause asks for, nor to one we concealed.

We warrant that the Software and the Service conform in material respects to the documentation current at the time of delivery. Statements in marketing material, on this website or in a demonstration are not warranted characteristics unless we have confirmed them in writing as such.

Sections 922 to 933b ABGB apply as modified here. We will first improve or replace. If two attempts at the same defect fail, the customer may reduce the price or, where the defect is not minor, rescind. The warranty period is twelve months from delivery, and a warranty claim must be asserted in court within that period. The presumption in Section 924 ABGB is not excluded: a defect that appears within six months is presumed to have been there at delivery, and that is left as the law writes it. Section 928 ABGB applies to defects that are obvious or that we disclosed.

We do not warrant that operation will be uninterrupted or error-free, that the Service will be available at any particular time, that it is compatible with every configuration, that data will be recoverable, or that it cannot be attacked. Recourse under Section 933b ABGB is unaffected.

Liability under the Product Liability Act and under Directive (EU) 2024/2853 applies where it applies and is not excluded or limited by these Terms. Liability for damage to property is excluded to the extent Section 9 of the Product Liability Act permits between entrepreneurs. The customer will pass these exclusions on to its own customers where it lawfully may, and will tell us promptly of any product liability claim it receives that concerns the Software.

The parties waive rescission for laesio enormis under Section 934 ABGB, as Section 351 UGB permits between entrepreneurs.

(1) We are liable without limitation for damage caused intentionally, for personal injury, under mandatory product liability law, and for any other liability that cannot lawfully be limited.

(2) For gross negligence, our liability is limited to damage that was foreseeable and typical of this kind of contract, and in the aggregate for all events in any twelve-month period to the greater of the fees the customer paid in the twelve months before the first event and EUR 25,000.

(3) For slight negligence, we are liable only for breach of an obligation whose fulfilment is essential to performing this contract and on which the customer may regularly rely, and then only for foreseeable damage typical of this kind of contract, limited in the aggregate to the greater of the fees paid in the twelve months before the first event and EUR 5,000. All other liability for slight negligence is excluded.

(4) We are not liable for lost profit, lost revenue, lost business, lost anticipated savings, loss of goodwill, business interruption, penalties the customer owes a third party, or the cost of reconstituting data of which the customer was required by clause 8 to hold an independent copy. Section 1324 ABGB limits recovery on slight negligence to actual damage.

(5) These limits are agreed for stated reasons. The fees are calculated on the basis of them and would otherwise be materially higher. The customer, and not we, decides what it stores, what that work is worth and which deadlines depend on it, and can insure that value, which we cannot assess. The customer is required by clause 8 to hold independent copies from which its work can be restored. And the Service is expressly not a backup or archive under clause 4.

(6) Our liability is reduced under Section 1304 ABGB to the extent the customer's breach of clause 8 or clause 13 caused or increased the damage. This includes the loss of a Workspace Key the customer was required by clause 8 to keep.

(7) Claims for damages must be asserted in court within twelve months of the customer learning of the damage and of the person liable. This does not apply to claims arising from intent or gross negligence, to personal injury, or to any claim for which a shorter period may not lawfully be agreed.

(8) Liability of either party to a data subject under Article 82 GDPR is governed by that Article and by the Data Processing Agreement, not by this clause.

The customer will indemnify us against third-party claims, damages, penalties and reasonable legal costs arising from what the customer stores, from use of the Software or the Service in breach of these Terms or of law, from what the customer chooses to share and with whom, from the acts or omissions of a Recipient, or from the customer not holding the licences its host applications require.

We will tell the customer promptly of a claim, will not settle it without the customer's consent, and will give the customer reasonable control of the defence at the customer's cost.

The other way round. We wrote the Software, and a claim that it infringes somebody's intellectual property is ours to answer. We will defend such a claim at our cost and pay what is awarded or agreed, provided the customer tells us promptly, leaves the conduct of it to us and does not settle it alone. This is subject to the limits in clause 16 and does not reach a claim arising from the customer's own content, from use with software the customer is not licensed to run, or from a version of the Software more than two releases old. If the Software can no longer be supplied without infringing a right, we may change it so that it does not, or terminate on thirty days' notice and refund the unused part of what has been paid, and clause 19's export and retrieval periods apply either way.

Paid use is invoiced monthly against the order. Invoices are settled by SEPA bank transfer that the customer initiates. We accept no cards and engage no payment processor, so no card or payment-account data of the customer is collected, processed or stored by us or by anybody on our behalf.

Prices are exclusive of value added tax. We are a small business within the meaning of Section 6(1)(27) UStG, so no Austrian value added tax is charged and each invoice states the exemption. Where a customer is established outside Austria, the customer is responsible for accounting for any tax due in its own country. If our tax status changes, tax will be added to invoices from that date at the applicable rate, and we will say so before the first invoice that carries it.

Invoices are due within fourteen days without deduction. On late payment, statutory default interest between entrepreneurs runs and we may recover reasonable costs of collection. We may suspend publishing after written notice and a further fourteen days, and even then nothing is deleted. The customer may set off only claims that are undisputed or have been established by a court.

The contract runs month to month. Either party may terminate at the end of a monthly period. Notice from the customer takes effect on the day it is received and the maximum notice period we require is two months, as Article 25 of Regulation (EU) 2023/2854 provides. Notice in text form by email between the addresses on the account is sufficient. Either party may terminate for cause where the other is in material breach and has not cured it within fourteen days of written notice. The opening of insolvency proceedings is not itself a ground of termination, because Section 25b(2) of the Insolvency Act would make such a term void, and clause 20 says what happens instead.

Termination does not delete Customer Data. The account becomes read-only. Everything stored stays readable, downloadable and exportable until the customer asks us to delete it, or until the inactivity rule in clause 5 applies.

Switching and porting. On termination the customer may retrieve all Customer Data and all exportable digital assets. The transitional period during which the Service remains available for that purpose is thirty days from the effective date of termination, and the customer may extend it once, in writing, to a period it considers more appropriate for its own switching. After the transitional period ends, a further thirty days is allowed for retrieval before anything is erased. We charge nothing for switching, for export or for the transitional period.

What is exportable is exhaustively this: every version of every model, as the files that were published; the folder and project structure and its names; each version's file list with paths, byte lengths and publish times; the authors and notes recorded against a publish; the share graph with its capabilities; and every invoice issued. The Software writes all of it to a folder on disk in a documented layout. For a workspace created with encryption on, that export runs on a machine holding the key, because that is the only place the files can be assembled. We impose no technical, contractual or commercial obstacle to switching, and we will answer a reasonable question from an incoming provider about the export layout.

Nothing is held back. Article 25(2)(c) of that Regulation asks for an exhaustive list of the categories of data and digital assets excluded from an export because they would expose our trade secrets. The list is empty. There is no such category.

One technical restriction is worth stating here rather than only on a support page, as Article 26 of that Regulation requires. In a workspace created with encryption on, the export runs on a machine holding the workspace key, because that is the only place the files can be assembled. Everything else exports from any signed-in machine.

Clauses 2, 8, 15, 16, 17, 18, 21, 22, 23, 26 and 27 survive termination, together with anything else that by its nature is meant to.

Syncture is written and operated by one person. There is no second operator. Nothing is deposited with a third party against our disappearance, and no continuity is guaranteed beyond what this clause says. A customer whose own obligations require more than that should say so before it depends on the Service.

If insolvency proceedings are opened over us, an administrator takes over the contracts and the systems. Austrian law does not permit a right to terminate on that ground and clause 19 does not pretend otherwise. What survives instead is the export, which runs against the account from the customer's own machines and needs nothing from us. Customer Data is the customer's property under clause 4 and is not an asset of the estate, and we waive in advance any lien or right of retention over Customer Data or over an export, for any debt whatever. Clause 5 already forbids deletion for non-payment, and this forbids withholding.

If we decide to discontinue the Service, we will give at least ninety days' notice by email, no further storage will be charged after the notice, and clause 19's export and retrieval periods apply from the date the Service ends. If we become unable to operate the Service, the export in clause 8 runs against the account without any action by us for as long as the Service is reachable, which is why the backup duty in clause 8 is written as it is.

Each party will keep the other's confidential information confidential, use it only for this contract, and protect it with the care it uses for its own. This does not apply to information that is public through no breach, was already known, is independently developed, or must be disclosed by law. Where disclosure is compelled, the party will tell the other first if it lawfully may.

Feedback the customer sends us about the product may be used without restriction or compensation. Do not send confidential material, project files or another person's personal data with it.

Where Customer Data contains personal data, the customer is the controller and we are the processor. The Data Processing Agreement contains what Article 28(3) GDPR requires, forms part of these Terms, and is accepted with them. A separately signed agreement is available on request and prevails over the published one.

For account, contact, billing and website data we are the controller in our own right. The Privacy Policy describes that processing.

A request from an authority outside the European Union for data held here is answered only under a valid international agreement, or on the grounds Article 32 of Regulation (EU) 2023/2854 permits, and then only to the minimum the request requires. That applies to the models and drawings as much as to personal data, because most of what is stored is neither. We will tell the customer unless we are lawfully barred, and where a request is not one Union law recognises we will challenge it.

We do not use Customer Data for any purpose of our own. Nothing published into the Service is used to train any model, here or anywhere we send it. That is a term of this contract.

The customer confirms it is not subject to EU, Austrian, United Kingdom or United States sanctions, is not owned or controlled by a person who is, and will not make the Software or the Service available to one. The customer will not export or re-export the Software in breach of applicable export control law. We may suspend or terminate immediately where compliance requires it.

Neither party is liable for a failure caused by something outside its reasonable control, including the failure or discontinuation of a third-party cloud provider, a network or power failure, an act of a public authority, industrial action, war, or a natural event. Payment obligations already accrued are not suspended. Where the cause lasts more than thirty days, either party may terminate.

We may amend these Terms for good reason, including a change in law, in the Service, or in a third party the Service depends on. The current version is published here with its date. A change that is materially adverse to a paying customer takes effect thirty days after we send notice by email, and a customer who objects within that period may terminate with effect from the date the change would take effect. Continuing to use the Service after that date is acceptance.

A new version is also shown after signing in, and each person is asked to accept it before creating a workspace or adding a computer. Computers already signed in keep working in the meantime, and nothing stored becomes unreadable because a new version has not yet been accepted.

The customer may not assign this contract without our consent. We may assign it on a sale or reorganisation of the business, and we may use subcontractors, remaining responsible for their performance. Notices are given in text form by email to mail@syncture.com and to the address on the account.

If a provision is invalid, the rest stands and the invalid one is replaced by what the parties would have agreed knowing of the invalidity. There are no oral side agreements. Amendments require text form, including any waiver of that requirement. Failing to enforce a right is not a waiver of it. Neither party may name the other as a reference without written consent.

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the court competent for Vienna Inner City, agreed under Article 25 of Regulation (EU) 1215/2012. A mandatory venue and either party's right to seek interim relief where assets or infringement are located are unaffected.

These Terms are written in English, and English governs their interpretation. Correspondence is accepted in English and in German.