Effective date: 27th September, 2024
You can view the former terms of service here.
BIMobject
USER Terms of Service
Welcome to the BIMobject Cloud!
We develop and host “BIMobject Cloud”, a collection of web-based softwares and platforms that allows stakeholders, primarily within the construction sector, to publish product information and search and analyze this information in different settings.
You can read more about the BIMobject Cloud offerings here and here. These User Terms of Service are generally applicable to all of our products and services included in our BIMobject Cloud offerings unless otherwise stated when you sign up for a specific product or service.
1. How these User Terms apply to you
1.1. Applicability. These User Terms of Service (“User Terms”) are applicable between you and BIMobject that owns or operates the products and services contained in BIMobject Cloud (“Services”) that you are using or accessing. These User Terms govern our Services, including additional features and services.
1.2. Acceptance. These User Terms do not have to be signed in order to be binding. You indicate your acceptance of these User Terms by clicking “Register”, “I agree” (or similar button or checkbox) at the time you create a user account (“User Account”) for any of the Services, when referred to in an Order or contract or otherwise by accessing or using any of the Services.
1.3. Individual use vs. use as paying Customer. “You” in these User Terms means you individually as a user of any of the Services (“User”). If you, or the organization you belong to, is a paying customer (a “Customer”) for any Services, these User Terms will still apply in respect of your individual access or use of any of the Services. However, any access or use of the Services in your capacity as a Customer, or on behalf of a Customer, will also be subject to the terms and conditions of the contract between us and the Customer (“Customer Contract”) regarding the paid Services in relation to the Customer as well as Section 15 (Paid Services Addendum) of these User Terms, unless otherwise specifically stated in such Customer Contract or related Order. In the event of conflict between a provision in the Customer Contract and these User Terms, the provision in the Customer Contract will prevail.
1.4. Effective Date. These User Terms are effective as of the date you first click “Register”, “I agree” (or similar button or checkbox) or use or access a Service, whichever is earlier (the “Effective Date”).
1.5. Eligibility. You may not and should not use the Services and you may not accept these User Terms if you are not of Minimum Legal Age or otherwise competent to enter into a legal contract with BIMobject.
2. Who is your contract with?
2.1. Who we are. “We”, “us”, “our” or “BIMobject” refers to the BIMobject entity who provides the Service(s) for which you have accepted these User Terms in accordance with the below.
2.2. Residence outside United States of America. If you reside in any country outside of North America you are entering into these User Terms for Services with BIMobject AB, a limited liability company incorporated in Sweden under registration number 556856-7696.
2.3. Residence in United States of America. If you reside in United States of America you are entering into these User Terms for Services with BIMobject Inc., a limited liability company incorporated in the state of Missouri under registration number 001368742.
2.4. Providence through Affiliates. You acknowledge and agree that we may, at our sole discretion, at any time provide any and all Services to you directly or indirectly through an Affiliate.
3. Definitions
3.1. Certain capitalized terms are defined below in this Section 3, and others are defined contextually in these Terms.
“Affiliate” means (i) legal entities within the same group of companies as BIMobject and/or if the context admits and where appropriate (ii) franchisees, partners and other legal entities with whom BIMobject has a binding contractual or other legal relationship including those who are engaged with or assist with the provision of the Services, including companies contributing to the creation of the Services.
“BIM Object” means a Building Information Modelling object that is an object or file defined as an information container that holds 2D or 3D information and/or data about a real product, item or component used in the building process. BIM Objects represented on the BIMobject Cloud comprise specific replicas of manufacturers’ building products.
“BIMobject Cloud” shall have the meaning set forth in the recitals above.
“Content” means any material that is viewable, accessible on and downloadable from BIMobject Cloud including (but not limited to) any BIM Object, generic objects, CAD files, 3D formats such as ivisit 3D, 3DS, IFC, pdf or any other file format and including any product information or related images, materials or photos (it being understood also that any material you upload to BIMobject Cloud becomes Content).
“Customer” and “Customer Contract” shall have the meaning set forth in Section 1.3 above.
“Intellectual Property Rights” include without limitation any and all rights in respect of inventions, trademarks, patents, patterns, designs, copyrights (including copyrights in software), neighboring rights and database rights, any type of confidential and proprietary information including trade secrets, know-how, and any other rights of a similar kind, whether registered or not, including applications for the registration of such rights under the laws of any governmental authority, domestic or foreign as well as any other rights of this nature.
“Manufacturers” means building product manufacturers who pay us for content creation and/or hosting services where we publish BIM Objects and/or other Content representing their building products on the BIMobject Cloud.
“Minimum Legal Age” means 16 years old unless applicable law in your country of residence dictates that you must be older in order for us to lawfully provide you with the Services.
“Order” means an order for Paid Services made through our applicable online order function or other by us approved ordering function, process or document setting out the Paid Services you are ordering from us, together with the applicable subscription term and fee.
“Paid Services” shall have the meaning set forth in Section 4.2 below.
“Services” shall have the meaning set forth in Section 1.1 above.
“SLA” means the, from time to time applicable, service level agreement containing the terms and conditions for our support in respect of certain Paid Services.
“Third-Party Applications” means means any software application connected by a Third-Party Developer via API to BIMobject Cloud which may be used by the Third-Party Developer for commercial or non-commercial purposes.
“Third-Party Developer” is a third party who has been approved by BIMobject to connect a Third-Party Application via API to BIMobject Cloud.
“You”, “User”, “User Terms” and “User Account” shall have the meanings set forth in Section 1 above, and “User Project” means any project created by a User including Content or that can be uploaded to the BIMobject Cloud.
“We”, “us”, “our” and “Bimobject” shall have the meaning set forth in Section 2 above.
4. Providence, availability and use of the Services
4.1. Free Services. Registration of a User Account and access to and use of certain basic Services is currently provided free of charge. Information on Services that, from time to time, are provided free of charge can be found at www.bimobject.com and www.prodikt.com. We may, from time to time and at our sole discretion, decide to charge for certain parts of the Services provided free of charge (which then becomes Paid Services). If and when we do this you will be informed in advance.
4.2. Paid Services. In addition to our basic Services provided free of charge that are available upon registration of a User Account, we offer certain Services subject to a paid subscription (“Paid Services”). Paid Services are subscribed for separately through our online ordering function or otherwise by accepting our relevant Customer Contract for a Paid Service. Section 15 (Paid Services Addendum) is also applicable for the Paid Services.
4.3. Grant of usage right. Subject to these User Terms och your full compliance therewith, you are granted a non-exclusive, non-sublicensable and non-transferable right to access and use the Services (save for Paid Services without a valid subscription under a Customer Contract) solely for the permitted use purposes set forth in these User Terms.
4.4. Permitted use purposes. You acknowledge and agree to use the Services, including BIM Objects and other Content, only as they are intended and as they are available to you and only for the permitted use purposes as follows:
(a) to view and download BIM Objects and other Content from BIMobject Cloud, to upload BIM Objects, User Projects and other Content to BIMobject Cloud, to connect with other Users, Manufacturers and/or Customers and to otherwise use the accessible features and Services as they are intended and as they are available to you;
(b) save as permitted under (c) below, to use BIM Objects and other Content you download pursuant to (a) above solely for your own personal use (and not for any commercial purposes or to make a profit);
(c) to, if you are an architect, engineer or other professional engaged in the building industry, use BIM Objects and Content for inclusion in any drawing, material(s) or project documents used or intended to be used in a construction or other building project to which you are a party as a professional advisor or in such materially similar capacity;
(d) if available, to use the Services for 3D printing (STL files) and for VR/AR applications (FBX files);
(e) for pure educational or study purposes by institutions of education and/or their students (or their representatives where the students are below Minimum Legal Age) but in no way in a manner that results in commercial gain;
(f) if your use is on behalf of a paying Customer with a valid subscription under a Customer Contract, to use the Services as permitted under the Customer Contract; and
(g) in compliance with applicable laws, regulations and generally accepted practices and guidelines in the relevant jurisdictions, including Privacy Laws and export laws.
4.5 Change, cessation, etc. of Services. We reserve the right at out sole discretion at any time to: (i) change and/or evolve the form, nature and content of our Services, (ii) start charging for Services that previously have been provided free of charge, (iii) stop (permanently or temporarily) providing any Service (wholly or partially), (iv) disable access to your User Account or any part of the Services and/or any files or other content which is contained in your User Account. If we would stop providing any Paid Service during a subscription term without replacing such Service with a reasonably acceptable alternative, you may be eligible for a refund of any prepaid fees as set forth in Section 15.10 below.
4.6. Support. Unless your Customer Contract for Paid Services includes support services under our SLA, you have no right to support for Services you use. However, we may, at our sole discretion from time to time, provide certain support services also for our free Services.
4.7. Restrictions. Except as otherwise expressly permitted in these User Terms or in a separate written agreement with BIMobject, you may not:
(a) access (or attempt to access) the Services by any means other than through the interface of the BIMobject Cloud or function provided in the interface of Third-Party Applications;
(b) violate the privacy of others, including, to use the Services to unlawfully or inappropriately collect or store Personal Information data about any person, including other Users;
(c) use the Services to send unsolicited communications, promotions or advertisements (other than as expressly permitted within your Services), or spam;
(d) use the Services to send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
(e) use the Services to create, transmit, submit, upload, display or otherwise take any action or make available anything that: (i) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights); (ii) contains software viruses, harmful materials or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any other communications equipment, including but not limited to BIMobject Cloud and the Services; or (iii) or otherwise is damaging or injurious to anyone or objectionable;
(f) rent, lease, distribute, sell, sublicense, transfer or provide access to the Services to a third party or use the Services for the benefit of any third party;
(g) incorporate any Services into a product or service you provide to a third party;
(h) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
(i) remove or obscure any proprietary or other notices contained in any Services;
(j) use the Services, including any Content, for competitive analysis or to build competitive products or services;
(k) altering, defacing, or otherwise causing any unauthorized or unapproved modification of any third party system, website, data or network;
(l) publicly disseminate information regarding the performance of the Services; or
(m) encourage or assist any third party to do any of the foregoing.
4.8. Audit right, etc. BIMobject reserves the right to audit, test and investigate your use of and access to the Services to measure compliance with the foregoing. We further reserve the right (but not the obligation) to remove or edit content posted or otherwise made available by you, but we do not regularly review such content.
5. Privacy and communications
5.1. Privacy policy and communications. By accessing and using our Services you agree that your information, including your Personal Information, may be accessed, stored, shared, processed and used in accordance with the terms and conditions of our Privacy Policy and, when applicable, your choices (including any opt-out or other available settings). You further acknowledge and agree that you are aware that our Services are available globally and that by accessing and using the Services your Personal Information may be transferred to and processed in any country in which BIMobject does business, operates and/or exists and that you may receive communications from us and certain of our customers, including based on your activity within the Services, in accordance with our Privacy Policy. If you have any reservations or any concerns about this or any matter stated in our Privacy Policy, you should not access or use any of our Services and not accept these User Terms. For the purpose hereof, “Personal Information” includes the EU concept of personal data, the US concept of personally identifiable information and any corresponding terms within the meaning of applicable Privacy Laws and “Privacy Laws” means Regulation (EU) 2016/679 (General Data Protection Regulation) or any applicable corresponding US or foreign legislation, or any successor legislation.
5.2. Cookies. When you access our Services you are given the option to agree/consent to cookies including cookies we place (first party cookies) and third party cookies. You can limit or disable cookies on your browser as you see fit. You agree that should you do so, certain aspects of the Services may be unavailable to you, and that we are not responsible for any adverse effects arising from your browser or other computer or mobile settings. Where applicable, you agree that you are responsible for adhering to all laws, policies, and other regulations in your relevant jurisdiction(s), including but not limited to all laws requiring that cookie use must be disclosed. We disclaim all liability in this area.
6. Account integrity
6.1. Credentials, etc. You acknowledge and agree that you will not reveal and that you are fully responsible for maintaining the confidentiality of passwords associated with your User Account and, accordingly, that you will be solely responsible for all activities that occur under your User Account. Without prejudice to the foregoing, you specifically agree that you will (i) use all reasonable efforts to prevent unauthorized access to or use of the Services; (ii) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account, including any loss, theft, or unauthorized disclosure or use of a username, password; (iii) not permit any third party to access or use your username or password for the Services; and, (iv) not share, transfer or otherwise provide access to an account designated for you to another person. You further agree that your User Account profile information will be truthful.
6.2. Customer control. If you have been added or invited to a Paid Service by a Customer, the administrator(s) of the Customer (and not you) controls your use of that Service, including but not limited to adding or removing you from that Service, enabling or disabling features and integrations, setting permissions, etc. Any content that you submit or upload to when accessing or using a paid Service may be retained, accessed, used, modified, shared or removed by the administrator(s) of the Customer. You further acknowledge that your User Account for the Services can become managed by the entity that owns or controls the email address domain with which your account was created or registered.
7. Content of the Services
7.1. Origin of the Content. You acknowledge and agree that BIM Objects and other Content included in the Services are provided by different Manufacturers and/or Customers which are identified in connection with such BIM Objects and/or Content and that all such Content you may have access to through your use of the Services are the sole responsibility of the Manufacturer and/or Customer from which such Content originated.
7.2. No obligation to provide or review Content. You acknowledge and agree that we have no obligation to provide or host any specific Content on the BIMobject Cloud as part of the Services. We further reserve the right, but do not undertake any obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all BIM Objects or other Content.
8. Proprietary rights
8.1. Our intellectual property rights. BIMobject Cloud and our Services, including BIM Objects and other Content, are made available on a limited access and use basis as expressly set forth in these User Terms, and no ownership right is transferred or otherwise conveyed to you, irrespective of any use of terms such as “purchase” or “sale”. We and our licensors (which includes Manufacturers) have and retain all right, title and interest, including all Intellectual Property Rights, in and to BIMobject Cloud and the Services, including BIM Objects and other Content, and any and all underlying technology and software, including any modifications and derivative works of the foregoing, as well as any documentation of the foregoing (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2. Feedback. You may freely choose to submit comments, suggestions, ideas or other feedback relating to the Services. We may in connection with any of our Services freely use, copy, disclose, license, distribute and exploit any such feedback received from you in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No such feedback will be considered your confidential information, and nothing in these User Terms limits our right to independently use, develop, evaluate, or market products or services incorporating such feedback or otherwise.
8.3. Confidentiality. You acknowledge and agree that BIMobject Cloud and the Services may contain information which is designated confidential by BIMobject (and as the case may be by third party(ies) including Affiliates) and that you shall not disclose such information at all or at the very least without BIMobject’s prior express written consent.
8.4. Trademarks. Nothing in these User Terms or your use of the Services, gives you a right to use any of BIMobject’s or any Affiliate’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features, unless otherwise expressly agreed in writing with BIMobject. Misuse or unauthorised use of the foregoing shall constitute a breach of these User Terms.
8.5. Your responsibility for uploaded content. You acknowledge and agree that you are solely responsible for any content included in a User Project uploaded by you, including the consent of any third party holding any rights, title or interest in and/or to any content in such User Project (with the exclusion of BIM Objects and Content), including any Intellectual Property Rights which subsists therein, to your use and upload of such content and to the rights granted by you to BIMobject and its Affiliates as set out in section 8.6 below.
8.6. Our rights to content you upload. We do not claim any ownership rights in any Intellectual Property Rights that you hold in your User Project (other than for Content that you download/use in such User Project). However, any content you upload, transmit or post to the Services shall be considered non-confidential and non-proprietary and you understand and accept that by uploading the User Project to or through BIMobject Cloud or the Services, you grant BIMobject and our Affiliates a worldwide transferable, sublicensable perpetual license to, in whole or in part, use copy, modify, distribute, publish, and process for any purposes commercial or non-commercial, the User Project and the Intellectual Property Rights contained therein as well as an unlimited right to use any and all other information and content in relation to the User Project for the purposes of BIMobject’s or its Affiliates’ choice. We may do the foregoing without any further consent, notice and/or compensation to you or others.
8.7. No infringement. You are further aware, acknowledge and agree that you are solely responsible for (and that BIMobject has no responsibility to you or to any third party for), and that you represent and warrant, that there will be no infringement and/or claims of infringement from you or any third party in relation to your upload of a User Project, including the grant of rights set out above, and that you are solely responsible for the consequences, including any loss or damage, which BIMobject, its Affiliates or any other third party may suffer in relation to such upload of a User Project and/or grant of rights.
9. External websites, Third-Party Applications, etc.
9.1. External websites. BIMobject Cloud, the Services and Content may include hyperlinks to other web sites, content or resources for example links to Manufacturers, Customers, Affiliates or third-party websites. BIMobject has no control over any of these websites, their availability or any content or resources which are not provided by BIMobject. We do not endorse or make any representations about external links and websites or any material found there or any results that may be obtained from using them.
9.2. Third Party Applications. You acknowledge and agree that we may use/permit the use of Third-Party Applications or other software which integrate with the Services through BIMobject Cloud, and that such applications or software are subject to their own terms of use and privacy policies.
9.3. No liability. You acknowledge and agree that BIMobject is not responsible for the availability of any external websites, any Third Party Application, content or resources, and is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites, applications, content or resources, or as a result of any reliance placed by you on such websites, applications, content or resources.
9.4. Certain access by applications/solutions. You acknowledge and agree that your access and use of certain applications and solutions that form part of the Services, may result in those applications/solutions gaining access to certain parts of your User Account information and other information including (but not limited to) your own systems and files. This will only be where you agree to such access for specific purposes and to help you enjoy the full benefit of the application/solution. For example, the BIMobject Evo application is necessary in order to establish what file formats may be uploaded to the application and so that you can upload, curate, organise and filter your files. You acknowledge and consent to this or any similar access in such circumstances when using the Services.
10. Term and termination
10.1. Term. These User Terms enter into force on the Effective Date and will continue in force thereafter until terminated by either you or BIMobject as set out below. Specific termination rights for Paid Services follows from the Paid Services Addendum.
10.2. Your termination right. If you want to terminate these User Terms you may do so by providing notice to BIMobject at info@bimobject.com. Please note however that you can stop using the Services at any time without giving notice to BIMobject.
10.3. Our termination right. BIMobject may, at its sole discretion, at any time and for any reason, including a period of account inactivity, terminate these User Terms and/or your use of the Services and/or suspend or terminate your User Account.
10.4. Effect of termination. Upon termination of these User Terms for any reason, you must immediately cease using the Services. In the event of termination, your User Account will be disabled, and you may not be granted access to your User Account or any files or other content contained in your User Account although residual copies of information may remain in our system. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in these User Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these User Terms, by law or otherwise.
10.5. Survival. The following provisions will survive any termination or expiration of these User Terms: Section 4.7 (Restrictions), Section 4.8 (Audit right), Section 8 (Proprietary rights), Section 10.4 (Effect of termination), Section 10.5 (Survival), Section 11 (Indemnity), Section 12 (Exclusion of warranties), Section 13 (Limitation of liability), Section 15 (as regards our right to payment of fees) Section 16 (General provisions) and Section 17 (Disputes, governing law and jurisdiction).
11. Indemnity
Your indemnity obligation. You agree to hold harmless and indemnify BIMobject, its Affiliates, other franchisee’s, partners, subsidiaries and each of their respective directors, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of BIMobject Cloud, the Services, any BIM Object and/or Content, as well as any violation of these User Terms or any other actions (or adverse consequences) connected with any such use, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, and without prejudice to the scope of this indemnity, we will provide you with written notice of such claim, suit or action. We shall have the right to participate, at our own expense, in the defense of any claim and you shall not agree to any settlement of any claim as set out above without our prior written consent.
12. EXCLUSION OF WARRANTIES
12.1. NOTHING IN THESE TERMS, INCLUDING THESE SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT BIMOBJECT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2. YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL ITS ASSOCIATED CONTENT, INCLUDING BIM OBJECTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND FREE OF CHARGE.
12.3. IN PARTICULAR, BIMOBJECT, ITS AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN RELATION TO THE SERVICES WILL MEET YOUR EXPECTATIONS; (vi) THAT THE SERVICES WILL REMAIN UNCHANGED; OR (vii) THAT WE WILL STORE ARCHIVE OR OTHERWISE PRESERVE YOUR INFORMATION.
12.4. ANY MATERIAL, INCLUDING BUT NOT LIMITED TO ANY BIM OBJECT AND/OR CONTENT, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
12.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIMOBJECT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.6. BIMOBJECT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.7. YOU ARE AWARE, ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IN RELATION TO THE SERVICE IS TO CEASE USING THE SERVICE.
12.8. BIMOBJECT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTS, DOES NOT SUPPORT AND DO NOT ACCEPT ANY RESPONSIBILITY FOR THE ACTIONS ERRORS OR INACTIONS OF ANY THIRD-PARTY WEBSITES OR APPLICATIONS (OR THE CONTENT THEREOF).
13. LIMITATION OF LIABILITY
13.1. SUBJECT TO THE OVERALL PROVISION IN SECTION 12.1 ABOVE, YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT BIMOBJECT, ITS AFFILIATES, SHAREHOLDERS, PARTNERS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING ANY BIM OBJECT AND/OR CONTENT; (ii) ANY DEFECT OR INACCURACY IN THE SERVICES OR ITS ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT, REGARDLESS OF THE ORIGIN OF SUCH DEFECT OR INACCURACY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ITS ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT; OR (vi) ANY OF THE ABOVE RELATING TO THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF); OR
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MANUFACTURER; (ii) ANY CHANGES WHICH BIMOBJECT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE SERVICES OR THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT; (iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (v) YOUR FAILURE TO PROVIDE BIMOBJECT WITH ACCURATE ACCOUNT INFORMATION; (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (vii) ANY OF THE ABOVE RELATING TO THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF).
13.2. THE LIMITATIONS ON BIMOBJECT’S LIABILITY TO YOU IN SECTION 13.1 ABOVE SHALL APPLY WHETHER OR NOT BIMOBJECT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Changes/updates to the Services and these User Terms
14.1. Changes/updates to the Services. The Services may change or be updated from time to time in whole or in part. Any changed or new Services available shall be deemed to be included in these User Terms except where expressly stated otherwise.
14.2. Changes/updates to these User Terms. We work constantly to improve our Services and develop new features to make our Services the best they can be as well as take into account applicable laws. As a result, we may need to update or supplement these Uses Terms, the Privacy Policy and our Cookies Statement from time to time to accurately reflect our Services and practices or for other important reasons including to comply with applicable law. If we make changes of a significant, material or fundamental nature to these User Terms we will inform you either through the Services or at our discretion, in whichever appropriate way we deem fit and if you object to or disagree to any changes, you may close your User Account. Your continued use of our Services after we publish or send a notice about our changes to these User Terms means that you are consenting to the changed/updated User Terms on the date and time when they become effective.
15. Paid Services addendum
15.1. Applicability. This Section 15 contains terms and conditions that are applicable to our Paid Services in addition to the terms and conditions set forth in the foregoing Sections of these User Terms. For the purpose of clarity and for avoidance of doubt, contracts for certain paid services with Manufacturers are governed by a separate contract and general terms and conditions that have precedence over these User Terms.
15.2. Subscription plans. Except as otherwise specified in your Customer Contract, our Paid Services are offered on a subscription term basis as set out in the relevant Order.
15.3. Renewals. Except as otherwise specified in your Customer Contract, unless either party terminates your subscription for Paid Services at least three months prior to expiration of the current subscription term, your subscription will automatically renew for another subscription term of a period equal to your initial subscription term. All renewals are subject to the applicable Paid Services continuing to be offered and will be charged at the then-current fees.
15.4. Fees. You will pay all fees in accordance with each Order and Customer Contract, by the due dates and in the specified currency. You acknowledge and agree that your failure to pay these fees, or remedy any non-payment of the same, will result in lack of access to or termination of the Paid Services. We may, from time to time and at our sole discretion, decide to introduce or apply further fees and charges for certain features or parts of Paid Services. If and when we do this, we will notify you in advance.
15.5. Payment and payment partners. You agree that we may charge your credit card or other payment method for each Order and renewals, increased use, expenses and unpaid fees, as applicable. You are required to enter payment details including a billing address and credit card number to pay for any subscription. You agree that we and/or our third-party payment providers and processors may process, collect and store all or any part of your payment details on our behalf or as needed so that payment is made smoothly. You further agree that we may share your payment details with any such third-party payment providers and that we may change our third-party payment provider and/or payment processor at any time for any reason.
15.6. Overdue payments and right to suspend. If you have overdue payments or if the credit or payment card you provide expires and/or you do not update your payment details or cancel your subscription, you authorize us to suspend your access to the applicable Paid Services until your overdue payment has been paid or payment details have been updated. You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts in accordance with applicable laws.
15.7. Non-refundable. Other than as expressly set forth these User Terms or Customer Contract, all amounts are non-refundable, non-cancelable and non-creditable.
15.8. Taxes excluded and no withholding. All fees under these User Terms exclude any taxes or duties payable in respect of the Services in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed to us. You will further pay all fees net of any applicable withholding taxes.
15.9. Termination. You may provide notice of termination in respect of a subscription for Paid Services through the means we designate, which may include account settings in the Services. Timely termination of your subscription means that you will not be charged for the next billing period, but you will not be entitled to any refunds or credits for amounts that have already been charged.
15.10. Termination for cause. Either party may terminate a subscription for Paid Services, if the other party (i) fails to remedy any material breach of these User Terms within thirty (30) days after notice; (ii) ceases operation without a successor; or (iii) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter). If you rightfully terminate a subscription for cause, we will refund you any prepaid fees covering the remainder of the then-current subscription term after the effective date of termination. If we terminate a subscription for cause, you will pay any unpaid fees covering the remainder of the then-current subscription term after the effective date of termination. Furthermore, if the use of our rights under Section 4.5 would result in the cessation of a Paid Service during a subscription term without replacing such Service with a reasonably acceptable alternative, we are eligible to terminate the subscription for the affected Paid Service for cause in accordance with the foregoing.
15.11. Support. If your Customer Contract for Paid Services includes support services under our SLA, we will provide support for such Services in accordance with such SLA. Hence, without an applicable SLA, you have no right to support services.
16. General provisions
16.1. Entire agreement. You acknowledge and agree that these User Terms constitute the entire agreement and understanding between you and BIMobject relating to the subject matter hereof (but excluding any services which BIMobject may provide to you under a Customer Contract or other separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these User Terms.
16.2. Amendments. Except as set forth in Section 14 (Changes/updates to the Services and these User Terms) above, you acknowledge and agree that any amendment, change or modification of these User Terms may only be made by a written agreement between the parties.
16.3. No waiver. You acknowledge and agree that in no event shall any delay, failure or omission of BIMobject in enforcing, exercising or pursuing any right, claim or remedy under these User Terms be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
16.4. Partial invalidity. If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these User Terms (or the application thereof) shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these User Terms and the remaining provisions of these User Terms shall continue in full force and effect.
16.5. Notices. You are aware, acknowledge and agree that BIMobject may provide you with notices, including those regarding changes to these User Terms, by email, regular mail, or postings on or through BIMobject Cloud. The English language shall be the governing language in your relationship with BIMobject.
16.6. Third-party beneficiaries. You are aware, acknowledge and agree that each member of the group of companies of which BIMobject is the parent and as appropriate, any Affiliate, are intended third party beneficiaries of these User Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these User Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these User Terms, there shall be no other third-party beneficiaries to these User Terms.
16.7. Assignment. You shall not be entitled to assign your rights and/or obligations under these User Terms without BIMobject’s prior written consent. BIMobject shall be entitled to assign its rights and/or obligations under these User Terms without your prior written consent.
17. Disputes, governing law and jurisdiction
17.1. General. We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it is useful to know up front where it can be resolved and what laws will apply.
17.2. Residence outside United States of America. If you reside outside United States of America and you are entering into these User Terms with BIMobject AB, you and BIMobject agree that these User Terms, and your relationship with BIMobject under these User Terms, shall, to the maximum extent permitted by applicable mandatory law in your jurisdiction, be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof. Any dispute, controversy or claim arising out of or in connection with these User Terms, or the breach, termination or invalidity thereof, shall be settled by a Swedish court of general jurisdiction and the Malmö District Court (Sw. Malmö tingsrätt) shall be the court of first instance.
17.3. Residence in United States of America. If you reside in United States of America, and you are entering into these Terms with BIMobject Inc., you and BIMobject agree that the laws of the State of Missouri, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these User Terms and/or the Services. You and BIMobject both agree that all claims and disputes can be litigated only in the federal or state courts in Missouri, USA, and you and BIMobject Inc. each agree to personal jurisdiction in those courts.
17.4. Injunctive relief. Notwithstanding the above you acknowledge and agree that BIMobject shall always be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and through any court of competent jurisdiction