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Arclap AG · Version 2.0 · July 2026
Arclap AG · Version 2.0 · July 2026
1.1 These General Terms and Conditions (“GTC”) apply to all offers, contracts, deliveries and services provided by Arclap AG, Gotthardstrasse 14, 6300 Zug, Switzerland (“Arclap”), to its customers (“Customer”).
1.2 They cover in particular: (a) the sale of hardware, in particular construction site cameras, mobile routers, mounts, SIM cards and accessories; (b) the rental of hardware; (c) software-as-a-service offerings (“SaaS Services”), in particular the provision of live images, time-lapse recordings, image archives and AI-powered analytics via the Arclap platform; (d) services such as installation, commissioning, configuration, remote support and data connectivity (mobile data).
1.3 Arclap's offering is directed exclusively at companies, authorities and public institutions (B2B) and not at consumers.
1.4 Deviating or supplementary terms of the Customer shall apply only if Arclap has expressly agreed to them in writing. Individual written agreements between the parties (in particular the offer, order confirmation, service level agreement) take precedence over these GTC.
2.1 Offers by Arclap are valid for 30 days from the date of issue, unless stated otherwise in the offer.
2.2 The contract is concluded upon the Customer's written acceptance of the offer (e-mail is sufficient), upon Arclap's order confirmation, or upon commencement of performance.
2.3 Information in brochures, data sheets and on the website is non-binding. The offer or order confirmation shall be decisive.
2.4 Arclap reserves the right to make technical changes and to replace offered products with successor models of at least equivalent quality, provided this is reasonable for the Customer.
2.5 If the Customer cancels a confirmed order for hardware or services before delivery or performance, Arclap may charge the costs and expenses already incurred as well as a cancellation fee of 15% of the order value of the cancelled items; the Customer remains free to prove that a lower damage was incurred.
3.1 The type, scope, specifications and conditions of the services are set out in the respective offer or order confirmation.
3.2 Recording times, image intervals, storage periods and data volumes are governed by the offer and may be adjusted at the Customer's request within the limits of what is technically feasible. Additional services and extra work will be charged on a time-and-materials basis or in accordance with the applicable price list.
3.3 Arclap is entitled to engage qualified third parties (e.g. mobile network, hosting and installation partners) to perform the services.
4.1 All prices are in Swiss francs (CHF) and exclusive of value added tax at the applicable statutory rate, unless expressly stated otherwise.
4.2 One-time fees (in particular hardware purchase, installation, configuration) become due upon delivery or commissioning. Recurring fees (in particular rental, SaaS Services, mobile data) are invoiced in advance on a monthly, quarterly or annual basis as set out in the offer.
4.3 Invoices are payable net within 14 days of the invoice date, without any deduction.
4.4 In the event of default in payment, the Customer shall owe default interest of 5% p.a. as well as any reminder and collection costs incurred. If a reminder setting a reasonable grace period remains without effect, Arclap is entitled to suspend the SaaS Services and to repossess rented hardware; the Customer's payment obligations remain unaffected. If the Customer is in default with a substantial amount despite a reminder, Arclap may declare all outstanding claims under the contractual relationship immediately due and payable.
4.5 Arclap may adjust the prices for recurring services with two months' written notice, effective as of the beginning of a new billing period. If the increase within a contract year does not exceed 5% or the increase in the Swiss Consumer Price Index (CPI) since the last adjustment, whichever is higher, the adjustment does not entitle the Customer to terminate. In the event of a larger increase, the Customer may terminate the affected recurring services in writing effective as of the date the increase takes effect; if the Customer does not terminate, the new prices are deemed approved.
4.6 Increases in third-party charges (in particular of mobile network operators, cloud and hosting providers), in energy or logistics costs, as well as new or changed taxes, duties, levies or other statutory charges may be passed on to the Customer with 30 days' notice; statutory changes to value added tax are passed on automatically as of their effective date. Such pass-through of external cost increases does not entitle the Customer to terminate.
4.7 Set-off against counterclaims is only permitted where such claims have been acknowledged by Arclap or established by a final court decision.
4.8 If there are justified doubts as to the Customer's solvency or creditworthiness (e.g. payment default, debt enforcement proceedings, negative credit information), Arclap may make further deliveries and services dependent on advance payment or on the provision of adequate security (e.g. a deposit or bank guarantee) and may withhold its performance until such advance payment or security has been provided.
5.1 Delivery and installation dates are indicative unless they have been expressly agreed in writing as binding.
5.2 The Customer shall, in good time and at its own expense, ensure: (a) free and safe access to the installation site, including any lifting equipment, scaffolding or crane time slots required; (b) a suitable mounting option (e.g. mast, wall, crane) and – unless a self-sufficient power supply has been agreed – a 230 V power connection at the site; (c) all third-party consents and official permits required for installation and operation (e.g. property owner, project owner).
5.3 If installation or commissioning is delayed for reasons attributable to the Customer, Arclap may charge the additional expense incurred (including additional travel) on a time-and-materials basis.
5.4 In the case of a purchase, benefit and risk pass to the Customer upon handover of the hardware or upon completion of the installation.
5.5 The Customer is responsible for safety at the installation site and shall ensure that the statutory occupational health and safety requirements are complied with for the personnel of Arclap and its partners during installation, maintenance and dismantling. Arclap may refuse or interrupt work on sites that are unsafe or non-compliant without thereby being in default; any additional costs resulting therefrom shall be borne by the Customer.
6.1 Sold hardware remains the property of Arclap until the purchase price has been paid in full (retention of title). Arclap is entitled to have the retention of title entered in the competent register at the Customer's expense.
6.2 Arclap warrants that the hardware is free from material and manufacturing defects at the time of handover. The warranty period is 24 months from delivery, unless otherwise agreed.
6.3 In the case of justified defects notified in due time, Arclap shall, at its own discretion, repair or replace the hardware. Further warranty claims, in particular for rescission, price reduction or damages, are excluded to the extent permitted by law.
6.4 Defects must be notified in writing within ten working days of discovery.
6.5 Excluded from the warranty are in particular damages resulting from improper use, interventions by the Customer or third parties, inadequate power supply, weather or construction site conditions outside the specification, vandalism, theft and normal wear and tear.
6.6 Software and firmware embedded in or supplied with the hardware are not sold but licensed. The Customer receives a non-exclusive right, transferable only together with the hardware, to use such software solely for the operation of the hardware. All other rights remain with Arclap or its licensors; Section 10 applies in addition.
6.7 Arclap may provide firmware and software updates for hardware at its own discretion; there is no entitlement to specific updates. The use of certain functions and SaaS Services may require current firmware and an active service subscription.
7.1 Rented hardware (including accessories and SIM cards) remains the property of Arclap at all times. The Customer may not sell, pledge, sublet or transfer it to third parties.
7.2 The rental commences upon commissioning or provision of the hardware and runs for the period agreed in the offer; in the absence of such an agreement, Section 13 applies.
7.3 The Customer shall treat the rented equipment with care, operate it exclusively in accordance with Arclap's instructions and report malfunctions, damage, loss or theft without delay.
7.4 Maintenance and repairs due to normal wear and tear are the responsibility of Arclap. The rectification of damage attributable to the Customer will be charged on a time-and-materials basis.
7.5 From handover until return, the Customer bears the risk of loss, theft and damage to the rented equipment (excluding normal wear and tear). The Customer shall adequately insure the rented equipment at its own expense (e.g. via a construction site / builder's risk insurance). In the event of loss or total damage, the replacement value will be invoiced.
7.6 Any relocation of the rented equipment requires Arclap's prior consent.
7.7 Upon termination of the rental, the rented equipment must be returned in proper condition. Dismantling and return transport shall be carried out by Arclap or the Customer as set out in the offer. In the event of late return, the Customer shall continue to owe the agreed rent pro rata. If the equipment is not returned despite the unsuccessful expiry of a grace period, or if it is returned in a condition beyond economic repair, Arclap is entitled to invoice the Customer the full replacement price of equivalent new equipment (list price); the agreed rent remains owed pro rata until the equipment has been returned or the replacement price has been paid in full. Ownership of the equipment concerned passes to the Customer only upon full payment of the replacement price.
7.8 The Customer shall grant Arclap and its partners access to the rented equipment at the installation site at reasonable times for inspection, maintenance and repair. After termination of the rental, or in the event of termination for good cause, the Customer shall enable Arclap to dismantle and retrieve the equipment; Section 5.2 applies accordingly.
8.1 Arclap provides the Customer with the agreed SaaS Services (e.g. live image, time-lapse, image archive, AI analytics) as an online service via the Arclap platform for the duration of the contract.
8.2 The Customer receives a non-exclusive, non-transferable right, limited to the term of the contract, to use the platform for its own business purposes. Access is reserved for the Customer's employees and for third parties engaged by the Customer for the project concerned (e.g. planners, site management, project owners) who are bound to confidentiality (“Authorized Users”). Login credentials are personal to each Authorized User, must be kept confidential and may not be shared with or made available to any other person. The Customer is responsible for all activities carried out under its user accounts.
8.3 Arclap strives for high availability of the platform but does not guarantee uninterrupted operation. Scheduled maintenance will, where possible, be carried out outside normal business hours; material interruptions will be announced in advance where possible.
8.4 Arclap is in particular not responsible for interruptions and quality impairments resulting from missing or insufficient power supply at the site, insufficient mobile network coverage, disruptions at network, cloud and hosting providers, third-party interventions or force majeure.
8.5 Mobile data is provided within the agreed data volume. Excess usage, special configurations and deployments outside Switzerland (roaming) may be charged additionally. SIM cards remain the property of Arclap or of the mobile network operator.
8.6 Support is provided on Swiss working days during normal business hours by e-mail and telephone, unless a more extensive service level agreement has been agreed.
8.7 Arclap continuously develops the platform and may modify or replace functions, provided the agreed scope of services is not materially restricted thereby.
8.8 The Customer shall not, and shall not permit any third party to: (a) reverse engineer, decompile or disassemble the platform or the software, except to the extent mandatorily permitted by law; (b) copy, modify or create derivative works of the platform or the software; (c) resell, rent out, white-label or otherwise make the SaaS Services available to third parties as a service without Arclap's prior written consent; (d) circumvent technical protection measures, carry out penetration tests without Arclap's consent, or extract data or content by automated means (scraping); (e) use the services or any part of them to develop, train or improve a competing product or service.
8.9 AI-powered analytics (e.g. detections, measurements, progress assessments, automated reports) are generated automatically and are provided for information purposes only. Despite careful development, they may be incomplete or incorrect. They do not replace the Customer's own review or professional judgement (e.g. by site management or safety officers); decisions taken on the basis of such analytics are the sole responsibility of the Customer.
8.10 Access to the platform may not be granted, directly or indirectly, to competitors of Arclap. In particular, the Customer shall not share login credentials with competitors of Arclap, shall not use the services in a manner that provides a competitor with access to the platform, its functions, performance or documentation, and shall not make the services or information obtained from them available to competitors for benchmarking or competitive analysis. In the event of a suspected violation of this Section or of Section 8.8, Arclap may suspend the affected access with immediate effect; Arclap's further rights remain reserved.
8.11 Arclap may temporarily suspend or restrict access to the SaaS Services, in whole or in part, if and to the extent this is necessary (a) to avert serious security risks or attacks, (b) in the event of unlawful use or use in breach of the contract (in particular Sections 8.8, 8.10 and 11), or (c) to protect the integrity of the platform, other customers or third parties. Where reasonable, Arclap will give prior notice and will lift the suspension as soon as the reason has ceased to exist. Fees remain owed for the duration of a suspension for reasons for which the Customer is responsible.
8.12 Free trials, pilot installations and functions marked as beta, preview or similar (including new AI functions) are provided “as is”, may be modified or discontinued at any time and may not be available without interruption or error. For such services, Arclap's liability is limited to intent and gross negligence; warranty and availability commitments do not apply to them.
9.1 The Customer may use the recordings created under the contract (images, time-lapse recordings, videos) for its own purposes without time limitation, in particular for construction documentation, internal analysis and marketing.
9.2 The recordings are stored on the platform for the agreed period. After the end of the contract, the Customer may export its data within 30 days; thereafter, Arclap is entitled to delete it. Longer archiving may be agreed as an additional service.
9.3 Arclap is entitled, on a perpetual, irrevocable, worldwide and royalty-free basis, to use recordings, telemetry, sensor, log, metadata and usage data as well as data derived from them, in anonymised or aggregated form, for quality assurance, security, the operation and further development of the services and for the development and training of AI models. All rights in anonymised or aggregated data, in statistics, benchmarks and analyses derived from them, and in AI models trained with them vest exclusively in Arclap; these rights are unlimited in time and survive the end of the contract. Arclap is not obliged to delete, retrain or modify AI models trained in accordance with this Section upon the termination of the contract.
9.4 Arclap may name the Customer as a reference using its name and logo and may use individual, non-confidential recordings for reference purposes, unless the Customer objects in writing.
9.5 The Customer warrants that it is entitled to grant Arclap the rights set out in this Section and that such use does not conflict with any third-party rights. Section 11.3 (indemnification) applies accordingly.
9.6 If the Customer publishes recordings or live images or makes them publicly accessible (e.g. embedding on websites, marketing, social media), such publication is made exclusively in the Customer's own name and under its own responsibility; the Customer is in particular responsible for compliance with data protection and personality rights and for obtaining any required consents. Section 11.3 applies accordingly.
9.7 Content that the Customer uploads to the platform (e.g. plans, documents, comments) remains the property of the Customer. The Customer grants Arclap the non-exclusive right to host and process such content to the extent required for the performance of the contract. The Customer is responsible for the legality of such content.
10.1 All intellectual property rights (in particular copyrights, patent rights, trademark rights, design rights and know-how) in the Arclap platform, the software and firmware, the AI models and algorithms, the documentation and the Arclap brand, as well as in all adaptations, further developments and customisations – including those created at the Customer's request or with the Customer's cooperation – remain exclusively with Arclap or its licensors.
10.2 The Customer receives only the rights of use expressly granted in these GTC or in the offer. No further rights are granted and no intellectual property is transferred to the Customer.
10.3 If the Customer provides feedback, ideas or suggestions for improvement, Arclap may use and exploit them without restriction, without attribution and without compensation.
10.4 If the platform or software, when used in accordance with the contract, infringes third-party intellectual property rights in Switzerland or the EEA, Arclap shall, at its own choice and expense, (a) procure for the Customer the right of continued use, (b) modify or replace the affected service so that it no longer infringes while remaining materially equivalent, or (c) terminate the affected service and refund any fees prepaid for the period after termination. Subject to Section 14, this constitutes the Customer's sole and exclusive remedy for infringements of third-party rights. Prerequisites are that the Customer notifies Arclap without delay, leaves the defence and any settlement to Arclap and provides reasonable support. Arclap has no obligations to the extent the claim is based on use in breach of the contract, on modifications not made by Arclap, on the combination with third-party products or on Customer content.
11.1 The Customer shall use the cameras and services exclusively in compliance with the law. The Customer is in particular responsible for: (a) informing the persons concerned (e.g. employees, subcontractors, visitors) and providing clearly visible signage at the site; (b) selecting the camera location, image frame, image interval and recording times in compliance with personality rights, data protection law and employment law, in particular the prohibition of behavioural monitoring of employees (Art. 26 of Ordinance 3 to the Swiss Employment Act, ArGV 3) and the avoidance of impermissible capture of neighbouring properties and public spaces; (c) any notifications and permits that may be required.
11.2 Upon request, Arclap supports the Customer with suitable technical measures, e.g. privacy masks, adjusted image intervals or restricted recording times.
11.3 The Customer shall indemnify and hold Arclap harmless from all third-party claims based on a breach of the obligations under this Section.
11.4 The Customer shall comply with applicable export control and sanctions law. It warrants that neither it nor its beneficial owners are subject to sanctions, and it shall not use the services in, or make them accessible from, embargoed countries without Arclap's prior written consent.
12.1 The parties shall comply with applicable data protection law, in particular the Swiss Federal Act on Data Protection (FADP) and – where applicable – the EU General Data Protection Regulation (GDPR).
12.2 Where Arclap processes personal data (in particular image data) on behalf of the Customer, it does so as a processor exclusively for the performance of the contract. At the request of either party, the parties shall enter into a data processing agreement (DPA).
12.3 Image and platform data is hosted in Switzerland or in the EU/EEA. Further information is set out in Arclap's privacy policy (www.arclap.ch).
13.1 The term of rental and SaaS Services is governed by the offer (e.g. a fixed term of 12 or 24 months, or the project duration).
13.2 Upon expiry of a fixed minimum term, the contract is automatically extended by one month at a time unless it is terminated in writing with 30 days' notice effective as of the end of the minimum term or of a renewal month. Renewals are at Arclap's list prices applicable at the time of the renewal; Sections 4.5 and 4.6 remain reserved.
13.3 If no fixed term has been agreed, either party may terminate the contract in writing with 30 days' notice effective as of the end of a month.
13.4 Both parties retain the right to terminate the contract for good cause with immediate effect, in particular in the event of a serious breach of contract that is not remedied within a reasonable period despite a written warning. Good cause for Arclap includes in particular: the opening of bankruptcy or composition proceedings concerning the Customer, the Customer's insolvency or cessation of payments, and serious or repeated unlawful use of the services (Section 11).
13.5 If the Customer terminates the contract prematurely without good cause, or if Arclap terminates the contract for good cause attributable to the Customer, the agreed fees remain owed until the end of the minimum term and become due for payment immediately and in full.
14.1 Arclap is liable without limitation for personal injury and for damage caused by Arclap intentionally or through gross negligence.
14.2 Any further liability of Arclap is excluded to the extent permitted by law. In particular, liability is excluded for slight negligence, for auxiliary persons, for indirect and consequential damage, loss of profit, loss of data, business interruptions and third-party claims.
14.3 To the extent that liability exists, it is limited in aggregate to the fees paid by the Customer under the affected contract in the twelve months preceding the damaging event.
14.4 Arclap's services serve the purpose of construction documentation and project information. They do not constitute a security or surveillance service. Arclap gives no assurance that events (e.g. theft, property damage, accidents) will be prevented, recorded without gaps or resolved. If Arclap offers security or surveillance solutions, these constitute separate systems and services which are provided exclusively on the basis of a separate agreement or separate special terms; they are not owed under these GTC.
14.5 To the extent permitted by law, claims of the Customer against Arclap become time-barred twelve months after the Customer becomes aware of the damage and of Arclap's liability, but at the latest upon expiry of the mandatory statutory limitation periods.
15.1 Events beyond the parties' reasonable control – e.g. natural events, epidemics, official orders, war, strikes, large-scale network, power or cloud outages, and supply shortages at upstream suppliers – release the affected party from its performance obligations for the duration of the event and to the extent of its effects. Payment obligations for services already rendered remain in force.
16.1 The parties shall treat confidential information of the other party as confidential, use it exclusively for the performance of the contract and not disclose it to third parties. This obligation applies during the term of the contract and for three years after its termination.
16.2 During the term of the contract and for twelve months thereafter, the Customer shall not actively solicit employees of Arclap who were involved in the performance of the contract. Recruitment via public job advertisements not specifically directed at such employees does not constitute active solicitation.
17.1 Arclap may amend these GTC at any time. Amendments will be communicated to the Customer in an appropriate form (e.g. by e-mail) and, for recurring services, are deemed approved as of the next billing period unless the Customer objects in writing within 30 days. In the event of an objection, the previous version continues to apply until the next possible termination date.
17.2 The Customer may transfer rights and obligations under the contract to third parties only with Arclap's prior written consent. Arclap may assign or transfer the contract, in whole or in part, without the Customer's consent (a) to a group company, or (b) to a third party in connection with a merger, an acquisition, a financing, a corporate reorganisation or the sale of all or substantially all of its assets or of the business unit concerned, including the associated intellectual property. In connection with such a transaction, Arclap may disclose and transfer contract data and customer data to the acquirer and its advisers, subject to confidentiality and in compliance with applicable data protection law.
17.3 These GTC, together with the offer or order confirmation and any annexes, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, negotiations and representations relating thereto.
17.4 Notices and declarations under the contract may be given by e-mail, unless mandatory law requires a stricter form. Where these GTC require written form or “in writing”, e-mail is sufficient; notices of termination must be given by e-mail or letter.
17.5 If a party does not exercise a right or exercises it late, this shall not be deemed a waiver of that right or of any other right.
17.6 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.
17.7 Provisions which by their nature are intended to apply beyond the end of the contract – in particular Sections 9 (Image and Data Rights), 10 (Intellectual Property), 14 (Liability), 16 (Confidentiality and Non-Solicitation) and 17 – survive the termination of the contract.
17.8 These GTC are issued in German and English. In the event of discrepancies or questions of interpretation, the German version prevails.
17.9 The contractual relationship is governed exclusively by Swiss law, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.10 The exclusive place of jurisdiction is Zug, Switzerland, at the registered office of Arclap AG. Mandatory statutory places of jurisdiction remain reserved.