Terms of Service and End-User License Agreement

1. Introduction and legally Binding Agreement

Welcome to ArchTools Pro. This document constitutes the official Terms of Service ("Terms," "Terms of Service," or "Agreement") governing your use of our website, platform, and digital products. It is of the utmost importance that you read this agreement carefully and thoroughly before accessing or using our services.

Please be formally advised that ArchTools Pro is a subsidiary storefront that is entirely and exclusively owned, operated, managed, and governed by NOVUSTRA LLC, a limited liability company officially registered and operating within the United States. All legal rights, intellectual property, digital assets, and operational frameworks associated with ArchTools Pro are strictly reserved and held exclusively by NOVUSTRA LLC. By accessing the ArchTools Pro website, registering for an account, browsing our catalog, or purchasing any of our digital Procreate tools, you are entering into a legally binding contract directly with NOVUSTRA LLC.

If you do not agree to all the terms, conditions, policies, and notices stated in this heavily detailed document, you are strictly prohibited from using the ArchTools Pro website and must cease all navigation and use of our services immediately. Your continued use of the website following the posting of any changes to these Terms constitutes your absolute and irrevocable acceptance of those changes.

2. Comprehensive Definition of Key Terminology

To ensure absolute clarity, eliminate ambiguity, and establish a precise legal framework for this Agreement, the following terminology is explicitly defined:

• "The Company," "We," "Us," or "Our": Refers exclusively to NOVUSTRA LLC, the parent corporate entity and legal owner of the website and all its contents.
• "The Store" or "The Website": Refers to ArchTools Pro, the subsidiary digital e-commerce platform located at the associated domain, including all its subdomains, pages, and digital infrastructure.
• "The Service": Refers collectively to the ArchTools Pro website, the hosting of digital files, the customer support provided, and any other related functionality offered by NOVUSTRA LLC.
• "Digital Products" or "Assets": Refers to all intangible, downloadable digital files available for purchase or free download on the Store. This specifically includes, but is not limited to, Procreate Brush Libraries, Textures, Interior Assets, Floor Plans, and Layout Essentials.
• "The User," "You," or "Your": Refers to the individual, independent contractor, agency, corporation, or other legal entity that accesses the Website, browses its contents, or executes a purchase.
• "End Product": Refers to a finalized, customized digital or physical creation made by the User that incorporates the Digital Products purchased from ArchTools Pro (e.g., a fully rendered architectural visualization of a living room that utilized our texture brushes and interior asset stamps).

3. Eligibility and Account Registration Requirements

By agreeing to these Terms of Service, you explicitly represent and warrant that you meet the following eligibility criteria:

• Age of Majority: You are at least the age of majority in your state, province, or country of residence, or you possess the legal capacity to enter into a binding contract. ArchTools Pro provides professional-grade tools and is not intended for use by minors.
• Corporate Authority: If you are agreeing to these Terms on behalf of a corporation, architectural firm, design agency, or other legal entity, you represent and warrant that you have the explicit, legal authority to bind that entity to this Agreement.
• Account Security: To purchase our Digital Products, you may be required or encouraged to create a user account. You are solely and entirely responsible for maintaining the strict confidentiality of your account login credentials, including your password. You agree to accept full responsibility for all activities, purchases, and downloads that occur under your account. NOVUSTRA LLC cannot and will not be liable for any loss or damage arising from your failure to adequately secure your account.
• Accuracy of Information: You agree to provide current, complete, and perfectly accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can successfully complete your transactions and contact you as needed.

4. The ArchTools Pro End-User License Agreement (EULA)

The core of our business involves the licensing of proprietary digital assets. When you "buy" a product from ArchTools Pro, you are not purchasing the copyright to the item; rather, you are purchasing a specific, limited license to use the item under strictly defined parameters.

This section constitutes the End-User License Agreement (EULA) between You and NOVUSTRA LLC.

4.1. Grant of License

Upon the successful processing of your payment, NOVUSTRA LLC grants you a non-exclusive, non-transferable, revocable, worldwide, standard commercial license to download, install, and use the purchased Digital Products (Brush Libraries, Textures, Interior Assets, Floor Plans, Layout Essentials) strictly in accordance with the terms outlined below.

4.2. Permitted Uses (What You CAN Do)

You are explicitly authorized to use the Digital Products in the following ways:

• Personal Projects: You may use the tools to create unlimited personal artworks, sketches, and concepts that are not intended for sale or profit.
• Commercial Projects: You may use the tools to create finalized "End Products" for your clients. For example, an interior designer may use our Floor Plan stamps and Interior Assets to draft a room layout, which they then sell as a rendering or design package to a homeowner.
• Commercial Artworks: You may use our Brush Libraries and Textures to create flattened, finalized digital illustrations or physical prints (like posters or art books) that you subsequently sell to the public.
• Marketing Materials: You may incorporate artworks created using our tools into your professional portfolio, social media marketing, website design, and promotional materials.

4.3. Strictly Prohibited Uses (What You CANNOT Do)

The following actions constitute a direct, egregious violation of this License Agreement and an infringement upon the intellectual property rights of NOVUSTRA LLC. You are strictly prohibited from:

• Resale and Redistribution: You may not sell, resell, license, sub-license, rent, lease, distribute, or share the raw, original Digital Products (the .brushset, .zip, .png, or .jpg files) to any third party. This includes giving them away for free, sharing them in a Dropbox folder, or distributing them on forums.
• Creation of Competing Products: You may not use our Digital Products to create competing digital tools. For example, you cannot use our Textures to create your own "Texture Brush Pack" to sell on another marketplace. You cannot alter our Floor Plan stamps slightly and repackage them as your own architectural asset kit.
• "As-Is" Commercialization: You may not sell our Digital Products "as-is" without incorporating them into a larger, significantly different, and original End Product. Our assets must be used as a tool in your creative process, not as the primary value of the product you are selling.
• Transfer of License: The license granted to you is for a single user. If you operate an architectural firm with multiple designers, each designer must purchase their own license, or you must contact NOVUSTRA LLC directly to negotiate an enterprise, multi-seat license agreement.
• Trademarking: You may not claim any trademark or copyright over any End Product that consists primarily of our unaltered Digital Products.

4.4. Termination of License

NOVUSTRA LLC reserves the right to immediately, unilaterally, and without prior notice terminate this license if we reasonably suspect or determine that you have breached any of the terms outlined in this EULA. Upon termination, you are legally obligated to immediately destroy and delete all copies of the Digital Products in your possession, whether stored on your iPad, computer, external drives, or cloud storage.

5. Intellectual Property and Copyright Protections

All content included on the ArchTools Pro website—including but not limited to the Digital Products, website design, text, graphics, logos, button icons, images, audio clips, video demonstrations, digital downloads, data compilations, and software—is the exclusive, proprietary property of NOVUSTRA LLC or its content suppliers and is heavily protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Trademarks: "ArchTools Pro," "NOVUSTRA LLC," and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior, explicitly written, and notarized permission of NOVUSTRA LLC.
• Copyright Enforcement: We actively monitor the digital landscape for piracy, unauthorized distribution, and copyright infringement of our Procreate tools. NOVUSTRA LLC will not hesitate to enforce its intellectual property rights to the fullest extent of the law, which includes issuing Digital Millennium Copyright Act (DMCA) takedown notices to web hosts, internet service providers, and social media platforms, as well as pursuing aggressive civil litigation to recover damages, lost profits, and attorneys' fees.

6. Acceptable Use and General Prohibited Conduct

In addition to the specific restrictions related to our Digital Products outlined in Section 4, you agree not to use the Website or the Service in any manner that could damage, disable, overburden, or impair our servers or networks. You explicitly agree not to engage in any of the following prohibited activities:

• Unlawful Purposes: Using the site or its content for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.
• Violation of Regulations: Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• Malicious Software: Uploading or transmitting viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, third-party websites, or the Internet.
• Data Harvesting: Collecting or tracking the personal information of others, or engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping of the ArchTools Pro website for data extraction.
• Security Breaches: Attempting to probe, scan, or test the vulnerability of our system or network, or breaching security or authentication measures without proper authorization.
• Deceptive Practices: Providing false or misleading information during the checkout process, including utilizing stolen credit cards, false identities, or attempting to execute fraudulent chargebacks (as detailed in our Return and Refund Policy).

7. Products, Pricing, and Modifications to the Service

NOVUSTRA LLC is committed to providing accurate and up-to-date information; however, the digital nature of our business requires flexibility.

• Product Descriptions: We have made every conceivable effort to display as accurately as possible the colors, resolutions, capabilities, and features of our digital products. However, because our tools are used within the Procreate app on various iPad models with different screen calibrations, we cannot guarantee that your device's display will be perfectly accurate.
• Modifications and Updates: We reserve the right to modify, update, or discontinue any Digital Product (such as an outdated Brush Library or an older version of Layout Essentials) at any time, without prior notice. If an item is discontinued, you will still be able to use your downloaded files, but we may no longer provide support or updates for that specific item.
• Pricing Changes: Prices for all products offered on ArchTools Pro are strictly subject to change without notice. We reserve the right to run flash sales, promotional discounts, or increase the base price of our comprehensive toolkits at our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
• Right of Refusal: We reserve the exact right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

8. Financial Transactions and Billing Accuracy

By providing a credit card or other payment method accepted by ArchTools Pro, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges.

If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be automatically suspended or cancelled.

Chargeback Policy: As strictly detailed in our Return and Refund Policy, any attempt to bypass our support system by filing an unauthorized chargeback with your credit card company or PayPal will be treated as a hostile and fraudulent act. NOVUSTRA LLC will vigorously dispute all chargebacks using the comprehensive digital footprint left during your purchase, and your account will be permanently banned.

9. Third-Party Links, Software, and Dependencies

Certain content, products, and services available via our Service heavily rely upon or interact with third-party materials.

• Software Dependency: Our products are meticulously designed exclusively for the Apple iPad hardware ecosystem and the Procreate software application created by Savage Interactive. NOVUSTRA LLC is in no way affiliated with, endorsed by, sponsored by, or officially connected to Apple Inc. or Savage Interactive.
• No Guarantee of Third-Party Continuity: We do not warrant that our Digital Products will remain functional if Savage Interactive releases a drastic update to Procreate that fundamentally breaks legacy brush engines or file import mechanisms. You accept the inherent risk that third-party software updates may affect the usability of third-party add-ons.
• External Links: Third-party links on this site may direct you to third-party websites (such as YouTube for tutorials) that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

10. DISCLAIMER OF WARRANTIES (Crucial Legal Provision)

PLEASE READ THIS SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS.

NOVUSTRA LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF ARCHTOOLS PRO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR DIGITAL PRODUCTS (E.G., CLIENT ACQUISITION, FINANCIAL SUCCESS IN YOUR ARCHITECTURAL BUSINESS) WILL BE ACCURATE OR RELIABLE.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NOVUSTRA LLC EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PROCREATE BRUSHES WILL MAKE YOU A BETTER DESIGNER, NOR DO WE WARRANT THAT OUR FLOOR PLANS WILL MEET YOUR LOCAL BUILDING CODES.

11. LIMITATION OF LIABILITY (Crucial Legal Provision)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL NOVUSTRA LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, LOSS OF GOODWILL, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF NOVUSTRA LLC SHALL BE STRICTLY LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE EXACT AMOUNT YOU PAID FOR THE SPECIFIC DIGITAL PRODUCT THAT GAVE RISE TO THE CLAIM.

12. Indemnification

You agree to fully indemnify, defend, and hold harmless NOVUSTRA LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of our EULA, your misuse of our Digital Products, or your violation of any law or the rights of a third party.

13. Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.

14. Governing Law and Jurisdiction

Because NOVUSTRA LLC is a legally registered corporate entity in the United States, these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed strictly in accordance with the laws of the United States and the specific state laws governing the formation and operation of NOVUSTRA LLC (Wyoming, USA), without regard to its conflict of law provisions.

You explicitly agree that any legal action or proceeding arising out of or related to these Terms or your use of ArchTools Pro shall be instituted exclusively in the federal or state courts located within the United States. You hereby consent to and waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

15. Waiver and Entire Agreement

The failure of NOVUSTRA LLC to exercise or aggressively enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, our Comprehensive Privacy Policy, our Return and Refund Policy, and any other policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and NOVUSTRA LLC. This agreement governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party (NOVUSTRA LLC).

16. Modifications and Updates to the Terms of Service

You can review the most current version of the Terms of Service at any time on this highly accessible page.

NOVUSTRA LLC reserves the right, at our sole discretion and without direct warning, to update, change, modify, or completely replace any part of these Terms of Service by posting updates and changes to our website. It is your strict responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes binding acceptance of those changes.

17. Official Contact Information for Legal and Policy Inquiries

If you require clarification on any of the clauses, stipulations, limitations, or licenses outlined within this highly detailed Terms of Service agreement, you are heavily encouraged to contact our administrative team before making a purchase.

Please direct all legal, policy, and terms-related inquiries to our official support channel:

Dedicated Support Email: Support@ArchToolsPro.com

Thank you for carefully reading and agreeing to these Terms. We look forward to providing you with industry-leading Procreate tools through ArchTools Pro, proudly owned and operated by NOVUSTRA LLC.