Terms and Conditions
The Product
ALLTO’s Products are designed to assist, enable, inspire, and facilitate the work of professionals working in industries related to engineers, design, and construction, and their purpose is to be used by companies and specialists planning and carrying out their commercial/professional responsibilities from the planning, design, and budgeting stages to implementation, fabrication, construction, facility management, and building information data management.
The License Package and Activation Types
The features of the Product available to the User and the terms of use of the Product depend on the activation/subscription type the User has chosen. The extent of User rights is detailed in the License Agreement.
There are 4 types of ALLTO Product activations, each containing a unique set of features and granting different rights to the User. Depending on which Product activation type is chosen, the User shall have access and the rights enumerated below:
(1) Free trial activation includes:
- Software activation for 7 days from the date of trial request.
- 1 version of the selected product: for either the current or previous version of ALLPLAN Software (2018, 2019, 2020, 2021).
- All updates during 7-day activation period.
- Technical support during 7-day activation period.
Important Note: This activation type does not include customization of your company standards and configurations, training, or consultation for the User. The latter services are subject to additional payment.
(2) Annual Subscription includes:
- Software activation for 12 months (365 days) from the date of purchase.
- All updates during active Annual Subscription period.
- Technical support during initial active Annual Subscription period.
(3) 3-year Subscription includes:
- Software activation for 36 months (1095 days) from the date of purchase.
- All updates during active Subscription period.
- Technical support during initial active Subscription period.
(4) Perpetual license contract includes:
- Software activation for an unlimited time, allowing the User to use the licensed software indefinitely.
- Only 1 version of the selected product is available: for the current version of ALLPLAN.
- NO updates.
- Technical support in initial cases.
Use and Integrity of Product
By using the Product the User agrees to be bound by the terms and conditions of ALLTO’s License Agreement. ALLTO’s license allows the User to download and use the Product for the above-described purpose for the term of the license.
The User is not permitted to use the Product for any other purpose or to make it available to others, except the User’s employees or people subordinate to the User who use the Product on devices of the User.
The User is not permitted to in any way tamper with the Product or any of its components, including but not limited to: to download to devices other than hereunder permitted; to in any way share, copy, decode, decompile, or reverse engineer; or to in any way change or amend the Product, data, design, software, codes, or other objects if not expressly permitted by ALLTO.
Code of Conduct
When using the Product, the User agrees to the terms of the License Agreement and the requirements of laws and codes of ethics (if any) relating to the User’s industry/profession.
In any case, the User is not permitted to:
- use the Product for purposes other than it is designated for;
- use the Product in breach of the License Agreement;
- use the Product for illegal activities;
- infringe upon intellectual property rights of ALLTO or third parties;
- act in breach of ALLTO’s Privacy Policy;
- submit fake data/contacts, create fake accounts, or use deceptive or false source-identifying information.
Updates
The Product will be automatically subject to updates/ new versions within the period of the License Agreement. After the License Agreement lapses, ALLTO reserves the right to update or not to update the Product at its sole discretion.
Sharing User Information
If the Product features allow the User to share information or any data with third parties, the decision to share is the User’s own, and he/she assumes responsibility for the effects such sharing might have.
Payments
The User shall make payments for licenses electronically by PayPal, debit or credit card, or bank transfer. Upon the User’s request, ALLTO shall issue invoices for such payments in PDF format.
The User’s licenses/ updates will activate when the payment sum has been received and included in ALLTO’s bank account. ALLTO has the right to suspend or cancel specific services or Product access if respective payments are not received. The financial services for making payments are provided by third parties, and ALLTO cannot control and does not assume liability for any defaults in the process.
ALLTO does not assume responsibility or obligations related to taxes that may be applicable to the User and can add the charged taxes to the invoices when law so requires.
30-day Money-back Guarantee
ALLTO wants to ensure its applications for ALLPLAN are the best in the industry, and so it backs them up with comprehensive support. If within 30 days of software purchase the User is not satisfied with either, please get in touch and request a refund.
Money Back Guarantee doesn’t apply to ALLTO services (training, consultation, product customization & Initial Implementation Plan).
Intellectual Property
Excepting the User’s right to use the Product under the License Agreement, any and all property rights to the Product and the intellectual property related to the Product remain with ALLTO. This includes copyright, patent, registered and unregistered design, know-how, trademarks, product names, company names, other marks/signs, slogans, domains (names), (rights to) software, programming codes, databases, access data/activation codes/passwords or other industrial or intellectual property, irrespective of the fact whether the objects are registered or not.
If the User creates intellectual property objects when using the Product strictly in line with the License Agreement (such as plans, drawings, etc.), to the extent permitted by law and as far as it can be separated from the Product and not pre-programmed or otherwise pre-determined by it, the User shall be the owner of such object and the rights to it. ALLTO shall not handle any matters related to the User’s copyrighted objects or assume any liability for third parties’ copyright infringements the User may make and when using the Product, and the User hereby agrees to indemnify ALLTO for any such responsibilities.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODCUT IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND; THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER WARRANTIES OR WARRANTY REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
The User acknowledges that the Product may contain bugs, its content may be inaccurate, and its operation not always smooth. The Product is supplied with no explicit or implicit warranty, and the User assumes the entire risk of using the Product. The User is also responsible for using it properly, for the safety and confidentiality of the entered data, and for non-infringement of third party rights by the use of the Product. To the full extent allowed by law ALLTO also excludes for itself and its suppliers’ any liability, whether based in contract or tort (including negligence), to the User or third parties for incidental, consequential, indirect, punitive, or other damages of any kind, including loss of profits, revenue or savings, or loss of time, opportunity, or data, arising out of or in connection with use of the Product.
ALLTO will be not cumulatively liable to the User for any amount greater than the amount of the payments under this License Agreement.
Product Data
The User is advised to protect the access data/ activation codes/ passwords provided by ALLTO as well as data entered during use of the Product. The User shall be responsible for any unauthorized use of the Product exploiting the above.
The User is advised to make copies of data entered or created when using the Product. ALLTO is not legally obliged to save and provide the data to the User after the license term lapses and does not assume liability if the data is for any reason lost or altered.
Personal Data
The User’s personal data will be handled under ALLTO’s Privacy Policy that the User approves when placing an order or activating software.
Amendments
These Terms and Conditions may be updated or changed by ALLTO. If any update is made, ALLTO shall notify the User of the changes by announcing it on the allplantools.com website and the News Feed for those registered to receive ALLTO’s newsletters. Should the User disagree with updates that materially change his/her rights/obligations hereunder, the User shall be entitled to premature termination; in such a case, ALLTO shall refund the User, proportional to the remaining time of license validity. If the User does not notify ALLTO within 7 days from receiving notice of the changes and continues to use the Product, it will be assumed that the User agrees with the amendments.
Termination
The User is free to cease using the Product at any time; however, ALLTO shall not refund payments made for commenced license periods (see more on Payments above).
ALLTO is entitled to terminate the License Agreement and/or cancel/suspend use of the Product without refund if the User is in breach of either the License Agreement or these Terms and Conditions or ALLTO has reason to believe that the User uses the Product illegally.
ALLTO has the right, but is not obliged, to notify the User of intended termination and to request the User to remedy the breaches within ALLTO’s set term if the User seeks to preserve his/her license.
Disputes
Any complaints, arguments, and disputes concerned with the License Agreement or the Product shall be solved amicably by ALLTO contacting the User (or vice versa) via the e-mail address the User provided when activating the software.
Should it turn out impossible to find an amicable solution within 30 (thirty) calendar days from the date when ALLTO notified receipt of the User’s complaint or when ALLTO sends complaint to the User, the dispute will be solved in the competent state court of the Socialist Republic of VIETNAM of the registered office address of ALLTO.
User's Contact Details
The contact details the User provides to ALLTO when activating the software will be considered valid and suitable for notifying the User on any matters related to the Product or the license unless the User specifically notifies ALLTO of any changes.
Complaints and Feedback
Opinions and comments regarding the above Terms and Conditions may be sent to support@allplantools.com