1. General Terms and Conditions (GTC)

Last revised: December 1, 2025. This version replaces the previous version in its entirety.

1.1 VALIDITY
1.1.1 The following General Terms and Conditions (GTC) apply exclusively to all offers, orders, deliveries, and services provided by OCAD AG. They take precedence over any other terms and conditions, including those sent by the customer or contained in the customer’s documents. Amendments and subsidiary agreements are only effective if they have been confirmed in writing by OCAD AG.
1.1.2 By ordering a product or service, the customer confirms that they have read and accepted the contents of these GTC.
1.1.3 The license terms (see below) apply in addition to the GTC. By ordering the software, the license terms are accepted. Subsequent returns or exchanges for another product are not possible.

1.2 OFFER AND ORDER
1.2.1 Offers from OCAD AG are always subject to change and non-binding.
1.2.2 All information about products and services that the customer receives during the ordering process is non-binding. Minor deviations from our illustrations or descriptions are possible. In particular, we reserve the right to make changes that extend and improve the functionality of OCAD, as well as errors in descriptions, illustrations, and price information.
1.2.3 OCAD AG is entitled to make partial deliveries.
1.2.4 Your order is considered an offer to conclude a contract in accordance with these terms and conditions. We are under no obligation to accept your order. If we accept your order, we will send you an order confirmation. You will receive this by email. Once your order has been accepted, we may begin processing it immediately; in this case, you will not receive a separate order confirmation.

1.3. DELIVERY TERMS
1.3.1 Delivery will generally be processed immediately, but no later than 1-2 working days after receipt of the order. Delivery of the software download is at the expense and risk of the customer.
1.3.2 The ordered software is delivered exclusively by electronic download. As soon as we have received the payment approval from your credit card company or bank transfer in advance , you will receive an email from us with instructions on how to download and activate the ordered software.

1.4 IMPORT AND EXPORT
1.4.1 Import duties and taxes are levied by the customs authorities of the importing country. These vary from country to country and can amount to several times the purchase price . The customer is responsible for paying import duties and taxes and for complying with the import and export regulations of their country.
1.4.2 This software is subject to export restrictions that must be observed by the licensee.

1.5 PRICES
1.5.1 Unless otherwise stated, prices are quoted in Swiss francs (CHF) net, excluding value added tax, fees, duties, customs duties, transport, packaging, insurance, installation, commissioning, and training.
1.5.2 Country-specific taxes (e.g., value added tax) are shown after the invoice recipient has been entered.
1.5.3 The prices listed are subject to change.

1.6 TERMS OF PAYMENT
1.6.1 Advance payment is generally required.
1.6.2 If you pay by credit or debit card or by electronic transaction, you must provide the necessary information on the order form and to our payment service provider.
1.6.3 Unless other payment terms are stated on the invoice, payment is due net within twenty-one (21) days.
1.6.4. Bank transaction costs and fees are entirely at the customer’s expense.

1.7 RIGHT OF RETURN
1.7.1 There is generally no right of return.
1.7.3 Any software that we provide to you is subject to the terms and conditions of the applicable license agreements. These license terms are provided with all software products. The license terms, which form part of this agreement and are incorporated herein by reference, are available for you to view on our website prior to purchase.
1.7.4 It is your responsibility to ensure that the software or product software packages (editions) you order meet your needs and are compatible with your existing infrastructure or systems and your processes .

1.8 USE OF THE SOFTWARE AND WARRANTY
1.8.1 The risk associated with the use of the software lies with the licensee. OCAD AG makes no representations regarding the suitability, reliability, availability, accessibility, and accuracy of the OCAD software and the related information, products, and services. The OCAD software and related information, products, and services are provided “as is” without warranty of any kind. OCAD AG hereby excludes all warranties and guarantees in this regard, to the extent permitted by law.
1.8.2 In particular, OCAD AG does not warrant or guarantee that
• the data you enter into OCAD will be stored correctly and will be accessible at all times.
• errors and defects in OCAD will be corrected.
1.8.3 In no event shall OCAD AG be liable for:
• any direct, indirect, immediate, mediate, incidental, or consequential damages or punitive damages.
• any other damages of any kind, including, but not limited to, damages resulting from lost use, lost data or lost profits arising out of or in any way connected with the use or performance of OCAD, the delay or inability to use OCAD, the provision of services or the fact that no services have been provided, or for damages arising from information, software, IT hardware, products, or services made available through OCAD, or for damages arising in any other way from the use of OCAD, whether based on contract, tort, negligence, strict liability, or any other legal basis, even if OCAD AG has been advised of the possibility of such damages. In particular, liability for slight and gross negligence on the part of auxiliary persons is excluded.
1.8.4 OCAD AG expressly points out that, given the current state of technology, it is not possible to develop computer programs that work without errors under all conceivable conditions. The subject of any warranty provided by OCAD AG is software that is fundamentally usable in accordance with the program description.
1.8.5 OCAD AG does not guarantee that the program functions will meet the customer’s requirements or be suitable for a specific project. Unless expressly guaranteed in writing, OCAD AG does not guarantee the compatibility of the software supplied with any other programs or hardware components. The fact that OCAD AG acts as a service provider for products does not imply any obligation or guarantee to solve or remedy problems related to OCAD.
1.8.6 OCAD AG’s maximum liability for breach of contract, tort (including negligence), or any other reason is limited to the amount you owe OCAD AG for the products and/or services in question.

1.9 AVAILABILITY AND RESPONSE TIMES
1.9.1 Unless otherwise agreed, the readiness and response times (service levels) of the respective contracts apply, in particular for maintenance contracts . Otherwise, the “best effort” service level applies, for which there is no guaranteed minimum performance. The general contact for all OCAD AG customers is Customer Service. Inquiries can be sent directly by email to support@ocad.com.
1.9.2 On-call times are the usual business hours in Switzerland. Public holidays at the service provider’s headquarters are not covered by these on-call times.
1.9.3 Liability for non-compliance with the Service Levels shall only apply if OCAD AG is responsible for the non-compliance. This shall not apply in particular to:
• Failures for which we are not directly responsible. In particular, failures on the part of third-party providers.
• Failures caused by the customer.
Failures resulting from improper use or repair of the customer’s own hardware or software.
1.9.4 We do not claim any ownership rights to your content. You retain all rights and ownership rights to your content.

1.10 APPLICABLE LAW AND PLACE OF JURISDICTION
1.10.1 Swiss law applies to this contract, with the exception of conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. The application of the Convention for the International Sale of Goods (CISG) of April 11, 1980, in its currently valid version, is excluded.
1.10.2 The place of jurisdiction is the registered office of OCAD AG. However, OCAD AG may also bring legal action before the court at the customer’s place of business.

1.11 VALIDITY
Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced or any gaps in the contract shall be filled by a valid and appropriate provision that comes as close as possible to what the parties intended in accordance with the economic objective.
Baar, July 1, 2025

2. License Terms

Last revision: December 1, 2025. This version replaces the previous version in its entirety.
OCAD AG (HEREINAFTER ALSO REFERRED TO AS THE LICENSOR) LICENSES THE OCAD SOFTWARE TO YOU (THE USER/LICENSEE) SOLELY ON THE BASIS OF THE SOFTWARE LICENSE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, ACTIVATE, OR USE THE OCAD SOFTWARE. THE OCAD SOFTWARE IS NOT SOLD, BUT LICENSED FOR USE.
IF YOU ARE USING THE OCAD SOFTWARE AS A TRIAL VERSION, YOU HAVE THE RIGHT TO TEST THE VERSION FOR A MAXIMUM PERIOD OF 14 DAYS. REINSTALLATION OR USE OF THE TRIAL VERSION AFTER THE TRIAL PERIOD HAS EXPIRED IS NOT PERMITTED.
The “OCAD Software” will cause the licensee’s computer to automatically connect to the Internet in order to register and activate the “OCAD Software.”

2.1 DEFINITIONS
2.1.1 “OCAD AG” stands for the company OCAD AG, a stock corporation under Swiss law with its headquarters at Mühlegasse 36, 6340 Baar, Switzerland.
2.1.2 “Software” refers to all software products from OCAD AG. “OCAD Desktop” refers to the original OCAD software application with all its editions, while ” OCAD App” is a software extension for mobile applications that is integrated as an integral application in “OCAD Desktop.”
2.1.2 “Data processing unit” can be a personal computer, laptop, tablet PC, or mobile device (tablet or smartphone, etc.).
2.1.3 “Licensee” refers to you and any legal entity that has received the software and for which it is used.

2.2 GRANTING OF AN OCAD DESKTOP LICENSE
2.2.1 You (a legal entity or natural person) – hereinafter also referred to as the Licensee – are entitled to use “OCAD Desktop” in the number of licenses purchased (the number/type of licenses purchased is specified in the invoice or a corresponding electronic confirmation you have received from OCAD AG) during the purchased license period (term), provided that you comply with the following provisions.
2.2.2 Single-user license: The purchase of a single-user license entitles one user (also referred to as the primary user) to install and activate “OCAD Desktop” on one data processing unit. The primary user is also entitled to perform an additional (second) installation on an additional (second) data processing unit and to use the software there, if and to the extent that this additional (second) data processing unit is used exclusively by the primary user .
2.2.3 License for teams: The purchase of a license for teams entitles a user to install and activate the software on one data processing unit.
2.2.4. License transfer: The user may transfer the purchased license to another subsequent user. After the transfer, the transferring user may no longer use the purchased license. The right of use is now held by the subsequent user. The number of licenses for a team is limited to twenty-five (25).
2.2.5 License for training rooms: If OCAD Academic is installed in a classroom, it may be installed and activated on a maximum of 20 computers in the same training room per license .
2.2.6 A software copy is in use or is considered to be used on a computer if this copy is loaded into temporary memory (e.g., RAM) or installed on a permanent storage medium (hard disk, CD-ROM, ROM, virtual server, cloud service, or other permanent storage medium).
2.2.7 A license may only be installed on a data processing unit that is not used as a server.
2.2.8 The rental, leasing, sublicensing, or commercial resale of the software is prohibited.
2.2.9 The documentation may only be used within the scope of normal, contractual use of the software. The separate use or exploitation of the documentation is expressly prohibited.
2.2.10 You may not transfer or resell your software license key without the consent of OCAD AG. However, you are entitled to permanently transfer the software provided that you transfer all documentation, do not retain any copies, and ensure that this license agreement applies. OCAD AG must be notified of the permanent transfer using the transfer form or via the installed and activated OCAD software (license transfer), stating the name of the transfer recipient.
2.2.11 In the event of obvious loss of a permanent storage medium (e.g., defective hard drive) on which OCAD Desktop was activated, OCAD AG may allow the current user to activate OCAD again. To do so, OCAD AG must be notified using the transfer form, stating the type of loss as well as the user name and license number of the affected OCAD license.
2.2.12 The software or parts of the software may not be copied, modified, decompiled, translated, retranslated, decrypted or integrated into other programs without the express consent of OCAD AG.
2.2.13 In order to use a product designated as an upgrade, the licensee must be the holder of a full license for the product designated by OCAD AG as eligible for upgrade. After exercising the upgrade, the licensee is no longer entitled to transfer the product that was the basis for the upgrade entitlement (including the license), even permanently.
2.2.14 OCAD AG shall be entitled, without prejudice to any other claims (e.g. claims for damages), has the right to terminate this license agreement without notice by written notification to the licensee, without OCAD AG having to observe any other notice period or issue any further notification, if the licensee commits a breach of contract to such an extent that it is unreasonable for OCAD AG to continue this license agreement, in particular if the licensee:
• has committed a remediable breach of its obligations under this agreement and has not remedied the breach within 30 days after the licensee has received notification of this breach from OCAD AG.
• has committed an irremediable breach of its obligations under this agreement.
2.2.15 In order to enable the performance of this agreement, the licensee is obliged to register by email or online registration and to allow hardware fingerprints.
2.2.16 OCAD AG may modify the software (including certain parts or functions) at any time without liability to the licensee or third parties, discontinue support for the software at any time, and change prices, features, specifications, capabilities, functions, license terms, release dates, general availability, or other characteristics of the software. However, we will make reasonable efforts to notify you of any changes in a timely manner.

2.3 TERM OF THE LICENSE
2.3.1 The license is generally granted for a limited period of one (1) or three (3) years.
2.3.2 The term of the fixed-term subscription begins after payment of the invoice and the associated sending of the license information (including activation code) by email, as specified in the corresponding invoice from OCAD AG. From this point on, the licensee may use OCAD for the period granted to them.
2.3.3 An extension is always valid from the expiration date of the annual subscription.

2.4 USE OF THE OCAD APP
2.4.1 General OCAD AG provides the Windows application “OCAD Desktop”. The software offers users the possibility to create topographic maps. The relevant functions include the recording of terrain points, the processing of LiDAR data, and their cartographic conversion. In addition, a mobile application has been developed that enables the recording of terrain points with mobile devices (smartphones, tablets, etc.) and GNSS signals. This application is called “OCAD App.”
2.4.2 User identification When starting the “OCAD App” for the first time, the user is asked to register with an email address and their name in order to facilitate identification which is required when many users collaborate on projects together.
2.4.3 Device identification A device’s name and identification code are also recorded and sent to OCAD Desktop which along with the user identification above provide information to the OCAD Desktop so that data submissions in multi-user and multi-device projects can be identified.
2.4.4 Location The OCAD App uses internal or external GNSS signals to record terrain points. The user’s location can also be tracked if necessary and then the user can use the tracking as a record of their actions during project work. Therefore, when using the OCAD App, the user must explicitly authorize the use of GNSS signals in the system, both for the direct use of the OCAD App and for background logging (tracking mode).
2.4.5. Data transfer Full use of the OCAD App requires that the user obtains project data (an OCAD file) from an OCAD Desktop application and after work in the field, transfer it back there. Three different transfer methods are available to the user for this purpose.
• Cloud service providers such as OneDrive, iCloud, and Dropbox.
• Via a local interface, whereby cables or USB sticks can be used as transfer media.
• OCAD Cloud Transfer
2.4.6 OCAD Cloud Transfer If the OCAD Cloud Transfer Service is used, the data will be stored on the OCAD server for a period of 7 (seven) days and then automatically deleted. Only the original creator of the project can verify the data upload processes and download the new data.
If a user wishes to delete the data from the OCAD Cloud Transfer Service before the standard period of 7 days has expired, they can request this in writing from OCAD AG by providing a unique identifier (project ID).

2.5 TERMINATION
2.5.1 Termination by the licensee.
Six (6) weeks before the subscription expires, OCAD AG will inform the licensee of the expiration of the license term and send an offer for seamless renewal of the subscription. If the offer is not confirmed or the subscription is not terminated, a reminder to renew the subscription will be sent two weeks before the subscription expires.
The subscription will not be automatically renewed.
The licensee is not entitled to a refund of the subscription fee paid in the event of early termination of the subscription. In the event of early termination, no offers for subscription renewal will be sent.
2.5.2 Termination by OCAD AG
If we terminate these terms without cause, we will use reasonable efforts to notify you at least 30 days prior to termination by sending a notice to the email address you provided. Unless otherwise specified in the additional terms, we may terminate your right to use and access the software at any time if:
(a) you breach any of these terms (or act in a manner that indicates you do not intend to or are unable to comply with these terms),
(b) you fail to pay any fees for the software or services on time, if applicable,
(c) it is necessary for us to do so for legal reasons (e.g., if providing the Services or Software to you is or becomes unlawful).

2.6 COPYRIGHTS
2.6.1 The software accompanying these license terms, including all components, in particular sample files, documentation, JAVA applets, apps, etc., and the documentation, is the property of OCAD AG and is protected by national and international copyright laws and other industrial property rights. OCAD AG is entitled to the rights resulting from copyright law. Subject to any provisions to the contrary in the respective documentation of the components of the software, they may be used, displayed, reproduced, and distributed. However, they may not be distributed individually and no claim to trademark rights or derivatives may be asserted.
2.6.2 If there are additional license terms governing the use of the software, these will be listed in a separate written software agreement, which must be signed by OCAD AG or a third party authorized by it. They will then also become part of the contract.
2.6.3 The software contains copyrighted material and trade secrets, which the licensee undertakes to protect.
2.6.4 The original software, as well as parts and individual modules of the software, may not be passed on to third parties. This applies to free transfers of the software as well as to sales, rentals, or leases to third parties.
2.6.5 Any violation of the aforementioned copyright will be prosecuted under civil and criminal law.

2.7 LICENSE VIOLATIONS
2.7.1 In the event of violations of the license agreement, the licensor or an agent authorized by the licensor is entitled to withdraw the license at any time and declare it void.
2.7.2 In the event of violations of this license, the licensor is entitled to take immediate legal action. The licensor is also entitled to claim damages for any losses incurred.
2.7.3 In the event of a license being withdrawn due to license violations, no payments made for purchased licenses will be refunded.

2.8 SEPARATE AGREEMENTS
2.8.1 If you have concluded a separate agreement with the licensor regarding the purchase of this software, the provisions of this agreement shall take precedence over the provisions of these license terms.
2.8.2 Amendments and additions to this license agreement must be made in writing. Any waiver of the written form requirement must also be made in writing.

2.9 DISCLAIMER
2.9.1 If you are dissatisfied with any part of the software or any provision of these Terms of Use, your only recourse is to discontinue use of the software.
2.9.2 You are solely responsible for the quality, reliability, and accuracy of the data you collect. The software may only be used to collect data that you are authorized to collect. The licensor cannot reasonably be expected to check the content and therefore declines to do so.
2.9.3 Any refunds and claims for damages in the context of a legal case shall be limited to the purchase price of the respective license.
2.9.4 If OCAD and/or your service partners suffer direct or indirect damage as a result of the data you have collected, you undertake to compensate them for the damage incurred.
Baar, December 1, 2025