General Terms of Use

Effective date: June 9, 2025

1. Introduction
   1. Arhigon technologies d.o.o. , headquartered in Croatia, Sveti Ivan Zelina, Ulica Mate Žigrovića 2, OIB: 67326599617 (“ Arhigon technologies ”), is the sole owner, creator and administrator of the web application “ Arhigon ” (“ Application ”) located at the web address www.arhigon.com .
   2. Arhigon technologies has prescribed these General Terms of Use (“ Terms ”) which govern the use of the Application and the website www.arhigon.com (“ Website ”) by all visitors to the Application and the Website, and they are fully binding on them.
   3. The terms and conditions are subject to change or amendment in whole or in part, and such changes and amendments are the sole responsibility of Arhigon technologies.
   4. These Terms are available to everyone free of charge on the Website.
2. Basic concepts and their meaning
   1. Visitor – Basic User, User and Business User;
   2. Basic User – a natural person who has accessed the Website without charge and without creating a personal user account, but without accessing the Application or using any of its functionality (a natural person who only visually browses the Website);
   3. User – The primary user who has created a personal user account on the Application;
   4. Business user – legal entity, trade or self-employed person who, in order to use the Application, created a ( business ) user account, which was created by a User who is legally authorized to do so;
   5. Subscriber – Business user who establishes a Subscriber relationship with Arhigon technologies;
   6. Subscription relationship – a contractual relationship that arose upon acceptance of these Terms by the Business User who paid the Subscription Fee in full to Arhigon Technologies ( cumulative terms );
   7. Subscription – the amount of money paid by the Subscriber from a business bank account in the name of the Subscriber to Arhigon technologies for the time-limited use of certain functionalities ( subscription model ) of the Application solely and solely on the basis of the offer/invoice delivered by Arhigon technologies to the Subscriber;
   8. Contractual relationship – a legally binding relationship between the Subscriber and Arhigon technologies which is governed by these Terms and Conditions, which Terms and Conditions represent general conditions within the meaning of Article 295 of the Civil Obligations Act (Official Gazette 35/05, 41/08, 125/11, 78/15, 29/18, 126/21, 114/22, 156/22, 155/23).
3. Website and Application Visitors
   1. By accessing and browsing the Website and the Application, you fully agree and accept to be bound by these Terms. If you do not agree to these Terms, you should immediately stop visiting the Website and accessing/using the Application and its functionalities.
   2. Arhigon Technologies takes all measures available to us to make the Website and the Application available to users, but since we depend on third parties (e.g. Microsoft Azure) for availability, we cannot guarantee the availability of the site at all times. The Website and the Application may occasionally be unavailable due to external factors, including third-party services and infrastructure or due to upgrades to the application itself. The application may occasionally be unavailable for a short period of time (a few minutes) if critical upgrades are being made, for larger upgrades users will be notified at least 24 hours in advance of the unavailability of the application. We do not provide any guarantees regarding the content or other information and data displayed on the Website and the Application created by users.
   3. Content published or otherwise available on the Website and the Application is prohibited from being published elsewhere, in any way, in any form, and the same content may not be downloaded from the Website and the Application without the express written consent of Arhigon technologies. It is prohibited to place a link to any subpages of the Website and the Application, and any framing in relation to the Website (or any of its subpages) and the Application (or any of its subpages) is prohibited.
4. Archigon
   1. The application called "Arhigon" is a system consisting of several modules, and is intended, among other things, for the creation of design cost estimates and construction cost estimates, presentation of own products, monitoring project implementation, implementation of the procurement process (comparison of prices of multiple bidders), and preparation of offers. Each module, which exists within the Application, is intended for a specific phase of project implementation and a specific participant in that process and as such is viewed in terms of software as a service (SaaS).
   2. Access to some of the modules and features of the Application may depend on your subscription model. We may implement or change our models at any time during the term of the Subscription Relationship, but this will not affect your then-current Subscription.
   3. Arhigon technologies is continuously developing and improving the Application. New features and options are constantly being added, which is why the Application is changing. Arhigon technologies will endeavor to regularly inform Visitors about such changes.
   4. With regard to Articles 4.2. and 4.3. of these Terms, Arhigon technologies does not provide any guarantees in relation to the Application, its functionalities or the results of its processing activities. Therefore, Arhigon technologies assumes no liability for any damage that the Visitor may suffer in relation to any part of the Website and the Application, including any shortcomings in the processing of data and the cost estimates created on the basis of this data and generally the output data obtained.
   5. The website and the Application and all related functionalities are available online . Please note that the entered or otherwise processed data of the Website and Application are stored on Microsoft Azure services , and it should be noted that all servers are located in the territory of the European Union. Arhigon technologies notes that the storage of the above data is also done on its own servers in the Republic of Croatia.
   6. Arhigon technologies regularly maintains the Website and Application and uses reasonable efforts to make them available to Visitors at all times.
   7. Arhigon technologies does not provide any guarantees or is in any way responsible to anyone for the completeness and/or truthfulness and/or accuracy of any data and/or information available on the Website and Application, regardless of the source of such data and/or information.
   8. Arhigon technologies does not provide any guarantees or in any way be liable to anyone for access and/or availability of the Website and the Application.
   9. Arhigon technologies is in no way liable to anyone in the event that any documents and/or data and/or information are deleted or otherwise unavailable.
5. Creating a user account
   1. The user account is created under certain conditions and only with the unilateral and discretionary decision of Arhigon technologies.
6. Creating a user account – User
   1. The User's User Account is created by the Basic User digitally, online, on the Website by selecting the appropriate link.
   2. Successful creation of a User account is cumulatively (a.+b.) conditional on the following:
      
      1. by entering, among other things, the following data ( which can also be entered by connecting to the appropriate service, e.g. Google, Microsoft, etc. ):
         • valid e-mail address of the Primary User;
         • first and last name of the Primary User;
         • selected password to access the Application;
         • photos of the Primary User ( optional );
      2. by accepting these Terms.
   3. Arhigon technologies is not obligated to independently verify the user data specified in Article 6.2 of these Terms, while the Basic User guarantees that the entered data is accurate, truthful and complete and is responsible for it.
   4. After you have entered the information from Article 6.2.a, accept these Terms, select the language of use of the Application and click on the "Registration" field to confirm your intention to open a User user account, about which you will receive a corresponding confirmation of the submitted request to create a User user account to the entered e-mail address.
   5. After successfully creating your user account, you will be able to access your User account by entering your user account password and will be able to use certain functionalities of the Application.
   6. The user is prohibited from sharing their account login information with third parties.
   7. Please protect your account login information. All actions taken through your account will be deemed to have been authorized by you and you will be bound by them. Please notify us immediately if you suspect any unauthorized use of your account.
   8. In case the user forgets their password, a password change system is enabled.
   9. The user has the option to change their login information - password at any time via the appropriate form in the Application.
   10. The User remains logged in to the Application and does not have to log in again when the Application is closed.
7. Creating a user account – Business user
   1. The Business User's User Account is created by a User who is legally authorized to do so, digitally, online , in the Application by selecting the appropriate link.
   2. Successful creation of a Business User account is cumulatively (a.+b.) conditional on the following:
      
      1. by entering, among other things, the following data:
         • valid e-mail address of the Business User;
         • full company/name/first and last name of the Business User;
         • personal identification number of the Business User;
         • country of residence, headquarters and business address of the Business User;
         • official website of the Business User ( optional );
         • Business User's contact telephone/mobile number;
         • valid legal basis from which the User's lawful authorization to open a user account arises in the name and on behalf of the Business User (
           legal representative - director or member of the management board, procurator, owner of a craft, self-employed person, authorized representative by employment, authorized representative based on a power of attorney, etc. );
         • trademark/logo/photograph/other visual identity of the Business User ( optional );
      2. by accepting these Terms.
   3. The user guarantees that the entered data is accurate, true and complete and is responsible for it.
   4. After you have entered the data from Article 7.2.a, accept these Terms, and by clicking on the "Registration" field, confirm your intention to open a Business User account, you will receive a corresponding confirmation of the submitted request to create a Business User account to the entered e-mail address of the Business User.
   5. After accessing the Business user account, you will be able to choose one of several subscription models. Functionalities related to each subscription model, their price and duration are visible on Arhigon.com.
   6. After selecting the subscription model, Arhigon technologies will create an R1 invoice/offer and deliver it, along with payment information, to the Business User at the Business User's entered email address for payment of the amount in question.
   7. The Business User undertakes to make all payments to Arhigon technologies exclusively and solely from a business bank account held by the Business User. The Business User shall bear all costs of bank transfers, taxes or other fees.
   8. By paying the invoice/offer referred to in Article 7.7. of these Terms, the Business User becomes a Subscriber, which the Business User will be notified of via the Business User's email address. The subscription amount is considered paid when the same amount is visible on the Arhigon Technologies business bank account.
   9. The business user remains logged in to the Application and does not have to log in again when the Application is closed (minimized) and reopened.
   10. A business user is prohibited from sharing their account login information with third parties.
   11. Please protect your account login information. All actions taken through your account will be deemed to have been authorized by you and you will be bound by them. Please notify us immediately if you suspect any unauthorized use of your account.
   12. The business user has the option to request the delivery of login data - password at any time via the appropriate form on the website. Login data - password are delivered to the Business User exclusively to the e-mail address entered when creating the Business User's account.
   13. The business user has the ability to change their login information - password at any time via the appropriate form in the Application.
   14. It is assumed that all activities of the Business User on the Website and/or Application are undertaken entirely by the Business User, regardless of the person who undertook those activities, and that the aforementioned activities create rights and obligations for the User who is responsible for them.
8. User data
   1. All data ( e.g. documents, cost estimate items, audiovisual content, etc. ) that you enter into the Application remain your property. Each time you use the Application, you represent and warrant the following:
      
      • that you are familiar with and have accepted these Terms;
      • that there is a valid legal basis from which the legal authorization to use the Application in the name and on behalf of the Business User derives;
      • that you have legally collected all data that you process through the Application and that you are authorized to process it through the Application;
      • that this processing will not infringe third-party intellectual property or other rights of third parties;
      • that this data does not include any illegal content;
      • that the processing of such data will not be used for any illegal activities or to achieve any illegal goals.
   1. You agree that you will remain fully responsible for all data ( e.g. documents, cost estimate items, audiovisual content, etc. ) that you have entered or will enter into the Application, and that you will fully compensate Arhigon technologies for any losses and/or damages that we may suffer or have suffered as a result of your use of the Application or your breach of these Terms.
   2. You are fully aware of and fully accept the fact that Arhigon technologies may, at any time and without any further consent and/or approval from anyone, monitor and analyze how Visitors use the Website and/or Application and the data they process via the Website and/or Application. Arhigon technologies may use this information to further modify or upgrade the Website and/or Application.
   3. You are fully aware of and fully accept the fact that Arhigon technologies may, at any time and without any further consent and/or approval from anyone, and for the purpose of providing full functionality of the Application, make visible to Visitors, in particular, anonymized data on, for example, the quantity and geographical location of the elements of the cost estimate of a certain manufacturer or seller of that cost estimate element (
      
      how many tiles of a particular manufacturer or seller were used in the cost estimates, with a display at the level of the Republic of Croatia or a particular smaller organizational unit (county, city, etc.) or other similar data).
      
   4. Users and Business Users of the "Products and Services" module located within the Application have the ability to see which Users and Business Users of the "Design - Creation of Bill of Quantities" module located within the Application use their bill of quantities elements (e.g. manufacturers have access to data on which companies use their bill of quantities elements, etc.);
   5. Cost sheet elements created within the "Products and Services" module located within the Application are not available to anyone unless the author of those cost sheet elements marks them as public and announces that those cost sheet elements are visible through active action within the Application.
9. Prohibited uses
   1. Visitors are prohibited from using access to the Website and/or Application to test the functionality of the Website and/or Application or otherwise examine how the Website and/or Application works in order to recreate an identical or similar Website and/or Application.
   2. Any free trial periods are intended to temporarily display (parts of) the Application to potential Users or Business Users. Any other use of the Application during such trial periods, including any abuse of the rules governing trial periods, is prohibited.
   3. Visitors are not permitted to reproduce, sell, rent, lend or otherwise transfer access to the Website and/or the Application. The User and Business User, at their own risk, grant access to projects and other data entered into the Application in order to receive relevant offers or other feedback and information from relevant selected experts.
   4. You are solely responsible for your interactions with other users and for the information you share with those users.
   5. By using the Website and/or Application, you undertake not to:
      
      1. use the Website and/or the Application for any purpose that is unlawful or prohibited by these Terms;
      2. send unwanted mail ( spam ), solicit money, or otherwise act unlawfully towards any Visitor;
      3. impersonate any person and/or entity;
      4. publish any content that constitutes hate speech, threatening, sexually explicit or pornographic content;
      5. publish any inappropriate content ( for example, content that incites violence or intolerance, or is offensive, etc.);
      6. use another User's account, share an account with another User, or maintain more than one account ( this does not include maintaining a User account and a Business User account);
      7. act contrary to these Terms.
10. Termination of User and Business User accounts
    1. Deleting a user account
       
       1. The user can request deletion of their user account directly from the application.
       2. An email is sent to the user's email address with a link that must be opened to confirm the deletion of the user account.
       3. After confirming the deletion, the user account is anonymized, i.e. all personal data (name, surname, e-mail address) are deleted from the records in the database and login is disabled.
       4. The user is marked as "inactive" in all companies
       5. If the user is the only Administrator on the company, it is marked for deletion, otherwise nothing happens to the company.
       6. An email is sent to the user confirming the deletion of the user account.
    2. Deactivating an employee
       
       1. Deactivation can be initiated in two ways:
          • Company employee administrator
          • Self-employed
       2. The employee loses access to any data owned by the company, but the data he created remains recorded as his creation.
    3. Deleting a company
       
       1. The user can request the deletion of the company directly from the application.
       2. An email is sent to the user's email address with a link that must be opened to confirm the company deletion.
       3. After confirming the deletion, the company is marked for deletion. The data is not deleted immediately to allow for reversal in the event that the deletion was requested in error, or by a person who should not have been authorized to delete it.
       4. After 90 days, all company data (invoices, item catalogs, etc.) is deleted, except for those that the business account associated with the company created on another company's invoice.
       5. Only basic company data is retained in the database to preserve historical data on subscriptions related to the company, and each employee is left with information from when to when they worked at the company.
       6. Other companies retain projects and data created for that company in the part for which they had permission
    4. Arhigon technologies may, at any time, without prior notice, by its own unilateral decision, without explanation, suspend or permanently delete your user account (
       including all data associated with such account ) if it determines that you have violated any provision of these Terms. In such case, Arhigon technologies may block you from further registrations.
    5. Upon termination of the subscription relationship, the Business User loses the right to use certain functionalities of the Application, whereby the Business User has the right to request an extension of the Subscription relationship by analogical application of chapter seven of these Terms.
    6. Upon expiry of the period for which it was concluded, the subscription relationship is automatically extended for the same period of time for which it was previously concluded unless the User of the Rules of Procedure informs Arhigon Technologies in writing to the address podrska@arhigon.hr no later than 15 days before the expiry of the period for which the subscription relationship was concluded that they do not wish to extend the subscription relationship for a further period after the expiry of the period for which it was concluded.
    7. In the event of termination under Article 10.2. of these Terms, Arhigon technologies is not obligated to store the User's or Business User's data for longer than one month. After the expiration of the specified period, Arhigon technologies is not responsible for the data in question. In the event of a need to access the data within the specified period, the User or Business User may contact Arhigon technologies at the following e-mail address:
       podrska@arhigon.com .
    8. In the event of termination pursuant to Article 10.3 of these Terms, Arhigon technologies is not obligated to retain the data of the User or Business User that was included in the expired Subscription Agreement for longer than six months from the date of expiration of the period on which the Subscription Agreement was based. After the expiration of the aforementioned period, Arhigon technologies is not responsible for the data in question.
    9. In the event of termination of the Business User's account through no fault of Arhigon technologies, and before the expiration of the period on which the Subscription relationship is based, Arhigon technologies retains the entire amount of money paid for the Subscription and accordingly does not make any refunds of the paid Subscription, with which you fully agree.
11. Responsibility
    1. Subject to these Terms, Arhigon technologies is not liable for any damages arising from your use of the Website and/or the Application or the unavailability of the Website and/or the Application or any part thereof or for any loss of data ( or integrity of data ) processed through the application ( whether direct or indirect, special, incidental, consequential, exemplary or otherwise ). These exclusions include, without limitation, damages for loss of profits and for loss of data.
    2. In accordance with these Terms, Arhigon technologies is not responsible for any damage incurred by anyone resulting from the activities and actions of other Visitors or third parties on the Website and/or Application.
12. Intellectual property rights
    1. All information, data or content published by Arhigon technologies on the Website and/or Application or otherwise marked as coming from Arhigon technologies are subject to copyright and other intellectual property rights of Arhigon technologies. Arhigon technologies reserves all rights to this information, data and content.
    2. All trademarks, service marks, graphics and logos used on the Website and/or Application are our trademarks or registered trademarks. Your access to the Website and/or Application does not grant you any right or license to reproduce or otherwise use any of our trademarks, service marks, graphics and logos.
    3. All resulting changes or upgrades to the Websites and/or Applications are our exclusive property.
    4. The User or Business User is also aware that Arhigon technologies expressly agrees that by entering or making available a certain trademark/logo/photo/other visual identity of the User or Business User in the Application, Arhigon technologies may use the same visual identity on the Website and/or within the Application for the purpose of:
       
       1. full functionality of the Website and/or Application;
       2. external presentations, presentations and promotions of the Website, Application and Arhigon technologies;
       3. promotion of Arhigon technologies products and services;
       4. use in promotional materials ( brochures, posters, flyers, social and business networks, etc. ).
    5. By entering or making available a specific trademark/logo/photo/other visual identity of the User or Business User's identity in the Application, the User or Business User guarantees and confirms that he/she has the appropriate rights and authorizations in relation to the said procedure. In the event that the User or Business User does not have the appropriate rights and authorizations in relation to the aforementioned procedure, the latter will be responsible to Arhigon technologies for any resulting damage.
13. Cookie Policy
    1. When our Visitors access the Website and/or Application, Arhigon technologies is authorized to use the standard practice of placing data files called cookies, pixel tags or other tracking tools on your computer or other devices used to visit the Website and/or Application. Cookies are used so that Arhigon technologies can provide customized content, all in accordance with the Cookie Policy. Without certain cookies, using the Website and/or Application may not be an experience that is fully customized for Visitors, and you may not be able to use some of the services at all.
14. Privacy Policy
    1. Arhigon technologies processes Visitors' personal data in accordance with applicable regulations governing the protection of personal data (General Data Protection Regulation 2016/679), all in accordance with the Data Protection Policy.
15. Final provisions
    1. These Terms are published on the Website. In the event of changes to these Terms, Arhigon technologies will notify Visitors accordingly and publish the changed Terms on the Website. These general terms and conditions Privacy Rights shall enter into force on 09.06.2025. The Visitor shall be deemed to have agreed to the amendments to the Terms if Arhigon technologies does not notify them in writing to the e-mail address:
       info@arhigon.com within 15 days of their entry into force that they do not accept them. In the event that the User or the Business User does not agree with the proposed amendments to the Terms, the latter is obliged to immediately notify Arhigon technologies. In such case, his/her user account will be deleted in accordance with these Terms and Conditions, in which case the Business User has the right to a refund of the Subscription amount in proportion to the remaining duration of the Subscription relationship. In that case, Arhigon technologies will pay the Business User the relevant amount of money, within 30 days from the date of undisputed receipt of the notification of non-acceptance of the amendments to the Terms, to the bank account from which the Subscription amount was paid to Arhigon technologies.
    2. The substantive and procedural law of the Republic of Croatia applies to the relationships, mutual rights and obligations of the Visitors and Arhigon technologies.
    3. In the event of a dispute, the jurisdiction of the court with actual jurisdiction in Zagreb, Republic of Croatia, is agreed.
    4. In the event that any provision of these Terms is invalid, such invalidity shall not affect the validity of any other provision of these Terms and the remaining provisions of these Terms shall remain in effect, and the invalid provision shall be replaced by a valid provision that corresponds in meaning and intent to the provision that is invalid.
    5. If Arhigon technologies fails to exercise its rights under these Terms, this will not be considered a waiver or loss of those rights, nor of any other rights set forth herein.
    6. In case you have your own general terms and conditions, they will only apply if and to the extent that Arhigon technologies expressly agrees and accepts them in writing. Otherwise, they are considered excluded.
16. Contact
    1. If you have any questions, concerns or complaints regarding these Terms, you may contact Arhigon technologies via the following e-mail address: info@arhigon.com