1. Developer Terms of Use regarding the BIMobject Platform

    The BIMobject Cloud is primarily a place for Manufacturers to market their BIM Objects and Content and for Users (e.g. architects, designers, engineers, consultants and others) to download BIM Objects and Content for their BIM software and to upload User Projects for sharing with other selected Users. BIM Objects and Content is provided “as is” and “as available” and free of charge for Users.

    BIMobject constantly explores and develops ideas and concepts in the field of the Building Information Modelling. As a consequence thereof, BIMobject invites third parties (Developers) to connect their application(s) via API on the BIMobject Platform to the BIMobject Cloud whereby Users can be enabled to access and download BIM Objects and Content from the BIMobject Cloud via the interface of such Developer’s application (Developer Application).

    To become a Developer, you need to apply and be approved by BIMobject. By submitting your application to BIMobject, you agree to be bound by these Developer Terms, if, and when, your application is approved by BIMobject, in its sole discretion. Please take notice that BIMobject is under no obligation to approve you as a Developer and that BIMobject may be restrictive with its approvals of Developers. For the avoidance of doubt, neither you nor BIMobject will have any rights or obligations under these Developer Terms (i) if you are not approved as a Developer or (b) during the time before you are approved as a Developer.

  2. 1 How to become a Developer

  3. 1.1 To become a Developer and start connecting you application(s) via API to the BIMobject Cloud, you are required to:
    1. 1 Be registered as a User of the BIMobject Cloud, which requires you to accept and agree to the User Terms, including BIMobject’s Privacy Policy;
    2. 2 Submit an application to register for a developer account on the Developer Portal, which requires you to accept and agree (by ticking the “I agree” box on the Developer Portal) to these Developer Terms, including the User Terms and BIMobject’s Privacy Policy which will thereby, subject to any deviations set out in these Developer Terms, apply to you also in your capacity of a Developer. Therefore, please read these Developer Terms including the User Terms and Privacy Policy carefully before submitting your application to be registered as a Developer;
    3. 3 Be approved as a Developer by BIMobject, in its sole discretion. Please take care when filling out your application for registration for a developer account; and
    4. 4 Be provided by BIMobject with the authorization keys necessary for your use and managing of your account and access to the BIMobject Platform (each an “Authorization Key”).

  5. Definitions

    In addition to the definitions set out in the User Terms or elsewhere in these Developer Terms, the following terms shall have the meanings set out below.

    BIMobject Content: any content, data, information or material made available through the BIMobject Cloud;

    BIMobject Marks: all trademarks, service marks, logos, brand names, or trade names used to identify BIMobject and its products or services;

    BIMobject Platform: APIs accessible and documentation described on the Developer Portal;

    Developer Application(s): Any application(s) connected by a Developer via API to the BIMobject Cloud which may be used by the Developer for commercial or non-commercial purposes to enable Users to download BIM Objects and Content from the BIMobject Cloud;

    Developer: Any person or company who has been approved by BIMobject to connect its Developer Application(s) via API to the BIMobject Cloud;

    Developer Portal: The website developer.bimobject.com;

    Developer Terms: These terms and conditions regarding Developers use of the BIMobject Platform, as changed from time to time;

  6. 2 Grant of rights etc

  7. 2.1 Subject to and conditional upon your compliance at all times with these Developer Terms, BIMobject grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Term (defined in Section 6.1) to use the BIMobject Platform to connect your Developer Applications to the BIMobject Cloud.
  8. 2.2 Except as expressly granted in these Developer Terms, neither party grants the other party any intellectual property rights or other proprietary rights. As between you and BIMobject, BIMobject, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the BIMobject Platform (including its documentation and specifications), the BIMobject Cloud, the BIMobject Content, Services, BIM Objects, Content and any derivative works thereof.
  9. 2.3 You grant to BIMobject a paid-up, royalty-free, non-exclusive, worldwide, transferable, sublicensable, irrevocable right and license, under all of your intellectual property rights, to use, make available and display to the public your Developer Applications and use your name, likeness, or brand (which includes all of your trademarks, service marks, logos, brand names or trade names, your “Marks”) to the extent it is incorporated into your Developer Applications for the purpose to enable BIMobject, in its sole discretion, to make it public that you have a Developer Application; link to and direct Users and other users of the BIMobject Cloud to your Developer Applications; and sublicense the foregoing rights to our corporate affiliates or any third parties that are working with us as development partners, hosting facilities, and in similar capacities, in order to enable them to perform their services for us.
  10. 2.4 Following the termination of these Developer Terms and upon written request from you, BIMobject shall make commercially reasonable efforts, as determined in its sole discretion, to remove references and links to your Developer Applications and any of your Marks from the BIMobject Cloud or Services. BIMobject shall have no other obligation to delete copies of, or references or links to, your Developer Applications.

  11. 3 Your use of the BIMobject Platform

  12. 3.1 You acknowledge and agree that you may only use the BIMobject Cloud, the BIMobject Platform and the BIMobject Content as expressly permitted under these Developer Terms. You further acknowledge and agree that you will adhere to the terms and conditions set out below and set out in the User Terms (primarily under Section 3) and that you will not encourage or facilitate others, including Users, to violate such terms and conditions.
  13. 3.2 You may use the BIMobject Platform to connect your Developer Applications via API to the BIMobject Cloud and use the Developer Applications only as permitted by these Developer Terms.
  14. 3.3 You may use the BIMobject Platform to collect data regarding the BIMobject Content, such as BIM Objects and Content, for your use in business intelligence and analytics tools to analyze activity in your Developer Applications based on BIMobject Content. You may however not use data related to Users, as set out in Section 5.1.
  15. 3.4 You agree that you will not download BIM Objects and/or Content from the BIMobject Cloud to integrate in your Developer Applications, or provide any functionality that would enable Users to copy and upload BIMobject Content or Content (including BIM Objects), or the BIMobject Platform. You may however provide functionality in your Developer Applications which enables Users, i.e. only users of your Developer Applications which are registered as Users at the BIMobject Cloud, to view, search among, and download BIM Objects and Content from the BIMobject Cloud via the interface of your Developer Applications.
  16. 3.5 You agree that you will not:
    1. (a) transfer BIMobject Content to unauthorized third parties;
    2. (b) facilitate unauthorized access to the Services or BIMobject Content, including (i) enabling access to, or use of, the Services or BIMobject Content in violation of the User Terms, these Developer Terms, Privacy Policy or other documentation; (ii) attempting to circumvent or render ineffective any geographical restrictions, including IP address-based restrictions; or (iii) facilitating any functionalities that make it easier for users to capture or otherwise make permanent copies of BIMobject Content.
    3. (c) misuse the BIMobject Platform, including by (i) modifying, editing, disassembling, decompiling, reverse-engineering, or extracting source code from the BIMobject Platform (including any manufacturer’ libraries), Services, or BIMobject Content (except to the extent such restrictions are expressly prohibited by law); (ii) distributing or making copies of the BIMobject Platform or making the BIMobject Platform available to any person, except as expressly provided in the Developer Terms; or (iii) interfering, or attempting to interfere, with the proper functioning or performance of the BIMobject Platform, the BIMobject Cloud or the Services.
    4. (d) use the BIMobject Platform, Services or BIMobject Content for any illegal or unauthorized purpose, including (i) failing to comply with applicable laws and regulations, including, without limitation, laws regarding personal data, privacy, copyright, and export controls; or (ii) misusing BIMobject’s intellectual property (such as using BIMobject Marks as part of the name of your company or service).
    5. (e) use any viruses, worms, Trojan horses, or any other harmful code that could affect the BIMobject Platform, Services, or BIMobject Content
    6. (f) use the BIMobject Platform, Services or BIMobject Content in any manner to compete with BIMobject or to build products or services that compete with the Services, BIMobject Content or any other BIMobject product or service without our permission; not edit, modify, alter or create derivative works of BIMobject Content in any way; or damage, disparage, or take other actions that would be detrimental to BIMobject, the Services, BIMobject Content, or BIMobject’s content providers, corporate affiliates, and partners.
    7. (g) use the BIMobject Platform, BIMobject Content, Services, or BIMobject Marks in any way to promote or distribute an application, product, service, website, or other offering, including any Developer Applications: (i) that is associated with, promotes, features, encourages, facilitates, or condones (a) any illegal, defamatory, malicious, or discriminatory content; that could be considered defamatory of third parties, or that infringes any intellectual property or other right of BIMobject or any third party.

  18. 4 Access to the BIMobject Platform

  19. 4.1 You may only access your account with the Authorization Keys provided by BIMobject and the appropriate Security Code must be embedded in your Developer Applications, including in all updates and revisions, in a secure manner not accessible by third parties.
  20. 4.2 You may not sell, transfer, sublicense or otherwise disclose your account or Authorization Keys to any other party or use it for any other purpose except in connection with your Developer Applications.
  21. 4.3 You are entirely responsible for maintaining the confidentiality of your account and Authorization Keys. You agree to notify BIMobject immediately if you believe that your account or Authorization Keys have been compromised and cooperate with BIMobject in the investigation of any compromised Authorization Keys. You are fully responsible for all activities that occur using your account and Authorization Keys, regardless of whether such activities are undertaken by you or a third party.
  22. 4.4 BIMobject may limit the volume of BIMobject Content that may be accessed, or anything else about the Services, the BIMobject Cloud or the BIMobject Platform as BIMobject deems appropriate, in its sole discretion, without notice and in general, in regard of a specific Developer or in regard of a specific Developer Application. BIMobject may in the same way use technical measures to prevent over-usage or stop usage of the BIMobject Platform.
  23. 4.5 BIMobject reserves the right to modify the BIMobject Platform and to release subsequent versions of the BIMobject Platform at any time without notice to you. You may be required to obtain and use the most recent version of the BIMobject Platform in order for your Developer Applications to function.
  24. 4.6 You agree that BIMobject may monitor your use of, and collect usage data related to, the BIMobject Platform to ensure quality, improve the Services and verify your compliance with these Developer terms. You agree not to block or interfere with such efforts and to provide BIMobject with reasonable access to information related to your compliance with these Developer Terms. BIMobject may use any technical means to overcome any interference. At our sole discretion we may request, and you shall provide, proof that your Developer Applications and any content therein is properly licensed.

  25. 5 User related data

  26. 5.1 You will not be provided by BIMobject with any User data and you may not use your Developer Applications, your access to the BIMobject Platform or the BIMobject Cloud or the Services to gather User data, either by requesting a User to provide any data or by otherwise gathering any data via your Developer Applications, including, but not limited to, through any automated means (including, but not limited to, use of scripts, robots, agents or web crawlers) and/or to connect User data with data you may gather about your users.); For the avoidance of doubt, you are specifically prohibited from creating and/or using any business intelligence or analytics tools based on User data, i.e. data regarding the Users or the Users activities in or via your Developer Applications.
  27. 5.1 Subject to the prohibition set out in Section 5.1, you are solely responsible for your access, use, processing, and disclosure of data related to your users and, to the extent applicable, you shall act as and be considered a data controller and you are recommended to have an end user agreement and a privacy policy.

  28. 6 Term and termination

  29. 6.1 These Developer Terms enters into force when, and only if, BIMobject approves you as a Developer and notifies you by email and will continue in force thereafter until terminated by either you or BIMobject as set out below and/or in the User Terms (the “Term”).
  30. 6.2 In addition to what is set out in Section 9 of the User Terms, BIMobject reserves the right to modify, suspend or discontinue the BIMobject Platform, the BIMobject Cloud and/or the Services, or to terminate your ability to use the BIMobject Platform, at any time prior to or after you have developed a Developer Application and/or connected your Developer Application via the BIMobject Platform to the BIMobject Cloud, without notice, for any reason or for no reason, without any liability to you or your users.

  31. 7 Other legal provisions

  32. 7.1 There is no joint venture, partnership, agency, or fiduciary relationship existing between you and BIMobject, and the parties do not intend to create any such relationship by these Developer Terms.
  33. 7.2 In addition to any other representations, warranties and covenants made by you, you represent, warrant and covenant to BIMobject that you have the legal capacity to enter into these Developer Terms and your use of the BIMobject Platform and the BIMobject Cloud shall not infringe any intellectual property or other rights of BIMobject or any third party.
  34. 7.3 BIMobject has no obligation to provide you or any users of your Developer Applications with support, software upgrades, enhancements, or modifications to the BIMobject Platform, the BIMobject Cloud or the Services. You are solely responsible for providing user support and any other technical assistance to your users.

  35. 8 User Terms and BIMobject’s Privacy Policy

  36. 8.1 As stated above, the User Terms, including BIMobject’s Privacy Policy, as modified from time to time and always available in its most recent version on the BIMobject Cloud (the current version being set out in Appendix A) is part of these Developer Terms and thereby applicable in full to you as a Developer, however subject to the terms and conditions set out in these Developer Terms (primarily below).
  37. 8.2 In general, for the purposes of these Developer Terms, all terms and conditions in the User Terms shall be deemed to relate to the subject matter of these Developer Terms, i.e. that BIMobject’s and the Developer’s rights and obligations shall relate to the provision of and use of the BIMobject Platform, the BIMobject Cloud, the BIMobject Content etcetera as follows of these Developer Terms, except for when a term or condition would be without any meaning through such interpretation or when it is otherwise evident from the circumstances that something else is intended.
  38. 8.3 Further to and subject to the above, all references in the User Terms which are made to “Terms” or “Agreement” shall mean “Developer Terms”; all references made to “User” or “you” shall mean “”Developer” or “you as a Developer”; all references made to “Services” shall include “the BIMobject Platform” etcetera.
  39. 8.4 Specifically, the following sections in the User Terms shall be amended and/or have the meaning in relation to these Developer Terms set out below:
    1. (a) Section 10 (Indemnity) in the User Terms shall, for the avoidance of doubt, include your use of the BIMobject Platform and BIMobject Content.
    2. (b) Section 11 (Exclusion of warranties) and Section 12 (Limitation of liability) in the User Terms shall, for the avoidance of doubt, include the wording “and the BIMobject Platform, the BIMobject Cloud, and the BIMobject Content, as applicable” after the words “Service” or “Services”.
    3. (c) Section 12.1, first sentence, (Limitation of liability) in the User Terms shall be replaced by the following: “SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT BIMOBJECT, ITS SUBSIDIAREIS AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:” and followed by “(a)…” as set out in the User Terms.
  41. 8.5 If any of the terms and conditions of these Developer Terms and the User Term should be contradictive the Developer Terms shall prevail however only to the extent that the terms are contradictive, while the reminder of partly contradictive terms and conditions shall apply by supplementing each other.
  42. 8.6 For the avoidance of doubt, nothing in these Developer Terms shall affect the applicability of the User Terms, or any part thereof, in relation to you as a User of the BIMobject Cloud.
  43. 8.7 Please be aware that the User Terms include material terms and conditions such as, including, but not limited to, Indemnification (Section 10), Exclusions of Warranties (Section 11), Limitation of liability (Section 12), Changes to the Terms (Section 13), Governing law and Jurisdiction (Section 15) etcetera.
  44. BY ACCEPTING THESE DEVELOPER TERMS YOU CONFIRM THAT YOU HAVE CAREFULLY READ THROUGH AND ACCEPT TO BE BOUND BY THESE DEVELOPER TERMS, INCLUDING ITS APPENDIX A(USER TERMS), AND GIVE YOUR CONSENT TO BIMOBJECT AB’S PROCESSING OF YOUR PERSONAL IDENTIFICATION INFORMATION IN ACCORDANCE WITH SECTION 5.1 IN THE USER TERMS.