Effective Date: February 1, 2026

This Terms of Use Agreement (“Agreement”) is entered into between AWV Informatik Ag (“AWV”), and the Customer or End User (defined below), as applicable. This Agreement governs the use of AWV Informatik Ag’s products and services (the “Service” or “Services”). You are the “Customer” under this Agreement if you are (a) an individual ordering Services; or (b) an organization ordering Services to be used by one or more of your personnel. If you are an organization ordering Services, the individual who agrees to this Agreement on your behalf must have the authority to bind the organization and its End Users to this Agreement.

You are the “End User” under this Agreement if you are using the Service in your capacity as an end user, including as an individual Customer or as an individual authorized to use the Service by an organization who is a Customer.

If we do not specify whether certain language applies to an End User or Customer, then our use of “you” applies to both End Users and Customers.

BY CREATING AN ACCOUNT, SIGNING IN VIA A WEB BROWSER OR MOBILE APP OR APPLICATION PROGRAMMING INTERFACE, AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, “SOFTWARE”) PROVIDED TO YOU OR YOUR ORGANIZATION BY OR ON BEHALF OF AWV IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS AGREEMENT; (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY ITS TERMS; (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION NAMED AS THE CUSTOMER, AND TO BIND SUCH CUSTOMER TO THIS AGREEMENT; IF YOU DO NOT AGREE TO THE FOREGOING, YOU MAY NOT ACCESS OR USE THE SOFTWARE. DO NOT USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE NOTE THAT THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY AWV IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AWV will make a new copy of the Agreement available on its website and/or within its application(s). In the event any new supplemental terms are created. We will also update the “Last Updated” date at the top of this Agreement. Any such changes will be effective immediately for both new and existing Customers and End Users of the SOFTWARE.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT: info@awv-informatik.ch

License Grant; Permitted Use; Distribution: Subject to Customer’s ongoing compliance with this Agreement and (where applicable) timely payment of the applicable fees, AWV Informatik AG (“AWV”) grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Software with a valid license key (“ClassCAD Key”) solely in accordance with the applicable usage category below: (a) Non-Commercial Use (Free): Customer may use the Software for educational, research, evaluation, or personal purposes that are not primarily intended for, or directed toward, commercial advantage or monetary compensation. A ClassCAD Key issued for Non-Commercial Use is personal and must not be shared. (b) Commercial Use Without Distribution (End-User License): If Customer uses the Software solely for Customer’s internal business purposes and does not provide, expose, or make the Software (or functionality powered by the Software) available to third parties, Customer must obtain an end-user commercial subscription and may use only Customer’s personal ClassCAD Key (which must not be shared). (c) Commercial Use With Distribution (Distribution License): If Customer provides or exposes the Software or its functionality to third parties (including via hosted services, web applications, or any server/WASM deployment accessible by persons outside Customer’s organization), Customer is deemed a “Distributor” and must obtain a distribution license. Under a distribution license, Customer may use Customer’s ClassCAD Key to operate Customer’s service so that Customer’s end users do not require their own ClassCAD Keys, provided that Customer remains responsible for compliance with this Agreement and for all use made through Customer’s service.

License Keys; Commercial Evaluation Use; Subscription Term; Renewal: Access to and operation of the Software requires a valid license key (“ClassCAD Key”). Each ClassCAD Key is personalized, may be used only by the Customer to whom it is issued, and must not be shared, transferred, or made available to third parties, except as expressly permitted under a valid Distribution License.

A ClassCAD Key authorizes the Customer to start and operate a ClassCAD process in supported operating modes, including native (server-side) and WebAssembly (WASM). For WASM deployments, the Customer must specify and restrict the permitted origins authorized to use the key.

• Evaluation License (Free ClassCAD Key) AWV may provide a free ClassCAD Key solely for the purpose of evaluating the Software. The evaluation license is valid for a maximum period of three (3) months. Evaluation use is limited to non-commercial purposes only, including testing, research, or internal technical evaluation. Commercial, productive, or revenue-generating use of ClassCAD/Buerli with a free ClassCAD Key is strictly prohibited after the evaluation period has expired. Upon expiration of the evaluation period, continued use of the Software requires a valid commercial subscription and commercial ClassCAD Key.
• Commercial ClassCAD Key and Subscription Term: For commercial use, the Customer must obtain a commercial ClassCAD Key via the user area at classcad.ch after authentication. Unless otherwise agreed in writing: A commercial ClassCAD Key is valid for a period of twelve (12) months, corresponding to the applicable paid subscription term. The commercial subscription fee covers the license term defined by the applicable payment period.
• Renewal Period After Expiration: Upon expiration of the subscription term, the commercial ClassCAD Key shall remain technically valid for an additional three (3) months (“Renewal Period”) to allow the Customer to renew the subscription. During the Renewal Period, the Software may continue to operate only if the Agreement has not been validly terminated and no effective notice of non-renewal has been given. If the subscription is not renewed within the Renewal Period, the ClassCAD Key shall automatically expire and the Software will no longer start or operate. The Renewal Period does not apply in cases of termination for cause.
• Special arrangements regarding license duration, renewal, or expiration may be agreed upon individually and in writing.
• Automatic Renewal of Paid Subscriptions: Customer’s paid subscription shall automatically renew for successive subscription terms (e.g., year-to-year for annual subscriptions), unless either Customer or AWV provides the other with at least thirty (30) days’ written notice prior to the end of the then-current subscription term of its intention not to renew.

Billing: Enterprise and commercial customers shall receive an invoice for the applicable subscription fee at the beginning of each subscription period, unless otherwise agreed in writing.

Diagnostic and Error Logging Data: Customer acknowledges and agrees that the Software may collect technical error logging and diagnostic data, which may be automatically transmitted to AWV’s servers solely for the purpose of analyzing, reproducing, and resolving software issues. Such data collection shall not include Customer business content unless otherwise agreed.

Intellectual Property Rights and Ownership. The Software, including all source code, object code, algorithms, models, user interfaces, documentation, updates, enhancements, and all related intellectual property and proprietary rights therein, are and shall remain the exclusive property of AWV Informatik AG (“AWV”) and/or its licensors. Except for the limited license expressly granted under this Agreement, no rights, title, or interest in or to the Software are granted, assigned, or transferred to Customer, whether by implication, estoppel, or otherwise. Customer shall not remove, alter, or obscure any copyright, trademark, or proprietary notices contained in or affixed to the Software. Any feedback, suggestions, or improvement proposals provided by Customer regarding the Software may be used by AWV without restriction or obligation, and without compensation to Customer.

Support, Maintenance, and Updates. AWV provides community-based support for all users via its official Discord channel, which is offered on a best-effort basis and without guaranteed response times. Direct contact with AWV developers, priority handling, or dedicated support services are not included for standard customers and are available exclusively to customers holding a valid Gold Partner license, subject to the terms agreed for such partnership. AWV may, at its discretion, offer development, customization, or consulting services to Gold Partners at its standard professional service rates, unless otherwise agreed in writing. AWV maintains the Software and provides updates, enhancements, and bug fixes from time to time, which may be made available for download during an active subscription period. While AWV will make commercially reasonable efforts to address reported defects, no guarantee is given that all bugs will be corrected. In particular, if a defect is caused by or related to third-party software or components, including but not limited to the underlying CAD kernel, AWV does not warrant or guarantee that a workaround or fix will be available.

• Your Data: You are responsible for the data you create with the SOFTWARE. Data and the server used to load data must be compatible. We guarantee compatibility between old data with newer server versions. We support loading new models into old servers unless you use new features in the file. This situation is particularly relevant when you share data with other users. Later: You will get a load error message asking you to update your outdated server.

INDEMNIFICATION. You agree to indemnify and hold AWV, its, employees, agents, partners and licensors (collectively, the “AWV Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, the Software; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations.

• DISCLAIMER OF WARRANTIES. The Software is provided on an “as is”, without warranty of any kind. AWV SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, AWV does not warrant that (i) the Software will meet your requirements; or (ii) the Software will operate without interruption or be error free.

LIMITATION OF LIABILITY. YOU RECOGNIZE THAT THE PRICE PAID FOR THE RIGHTS GRANTED TO YOU HEREIN MAY BE SUBSTANTIALLY DISPROPORTIONATE TO THE VALUE OF THE PRODUCTS TO BE DESIGNED, STORED, MANAGED OR DISTRIBUTED IN CONJUNCTION WITH THE SOFTWARE AND SERVICE. FOR THE EXPRESS PURPOSE OF LIMITING THE LIABILITY OF AWV TO AN EXTENT WHICH IS REASONABLY PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION, YOU AGREE TO THE FOLLOWING LIMITATIONS ON AWV’S LIABILITY. TO THE EXTENT ALLOWED BY LAW, AWV’S LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR DOCUMENTATION FURNISHED HEREUNDER SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR 1/10 OF THE AMOUNT YOU HAVE PAID AWV IN THE PAST 12 MONTHS. IN NO EVENT SHALL AWV BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR PROFITS, WHETHER OR NOT AWV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SUCH LIMITATIONS ARE FAIR AND REASONABLE IN LIGHT OF THE TERMS UNDER WHICH THE SOFTWARE IS BEING MADE AVAILABLE TO YOU. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY STATED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS, AND IN SUCH CASES AWVS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT DESCRIBED ABOVE THAT IS PERMITTED BY APPLICABLE LAW.

• TERM AND TERMINATION; EFFECT OF TERMINATION; SURVIVAL Term: This Agreement commences on the date you accept it (as described in the preamble above) and will remain in effect until terminated in accordance with this Agreement. Termination by AWV: AWV shall be entitled to suspend, terminate, or limit your access to the Software at any time, with or without notice, if you breach any term of this Agreement, or if you facilitate or encourage any violation of this Agreement. Upon termination of this Agreement, you shall make no further use of the Software. Termination of this Agreement shall not affect any obligations accrued prior thereto.
• Termination by Customer: If Customer wants to terminate this Agreement by cancelling Customer’s subscription, Customer may do so by notifying AWV at any time (subject, as applicable, to the notice requirements described previously in this Agreement); provided, however, no refund will be due. If Customer cancels its subscription, he is no longer entitled to use SOFTWARE and must remove it from all computer where it was installed.

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland. The ordinary courts at the registered seat of AWV Informatik AG shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or in connection with this Agreement.