BIMobject - Terms of Service
Effective date August 19, 2020
You can view the former terms of service here.
Welcome to the BIMobject Cloud!
These Terms of Service (the "Terms") outline the rules and regulations for the use of our Services (described below) so please read them carefully. This is a contract between you and BIMobject.
"We", "our" or "us" in these Terms means BIMobject*.
*See section 3.2 below.
1. WHO ARE WE AND WHAT DO WE DO?
We develop and host the BIMobject Cloud a web-based software developed by BIMobject that lets Manufacturers of building products publish BIM Objects and other Content which can be viewed on www.bimobject.com and allows registered Users to search, browse and download BIM Objects and other Content from the platform. You can read more about the BIMobject Cloud here and the Services we offer in section 3.1 below.
2. SOME IMPORTANT KEY TERMS
BIM Object: (Building Information Modelling object) 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 Manufacturer’s building products.
Content: any material that is viewable, accessible on and downloadable from the 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.
Customer: a Manufacturer and/or any other third-party who has purchased customer services from BIMobject.
Manufacturer(s): building product manufacturer(s) who pay us for content creation and/or hosting services where we publish BIM Objects and/or other Content representing their products on the BIMobject Cloud.
User: anyone who registers a free account and joins our Services. Users (as opposed to Visitors) can download BIM Objects and Content as well as communicate and collaborate with Manufacturers. You can read more about who can be a User here.
User Project: any project created by a User including BIM Objects and/or Content or any User project which can be uploaded to the BIMobject Cloud.
Visitor: anyone who accesses the BIMobject Cloud or the Services but does not register a User Account. Visitors can view but not download BIM Objects and Content.
3. OUR CONTRACT
3.1 The Services
These Terms (or the "Contract") govern your access to and use of the BIMobject Cloud (including the websites BIMobject.com, BIMsupply.com) and all the BIMobject solutions, products, applications, features, services, technologies, and software offered thereon as well as any associated or other BIMobject products services and/or websites that are available at any given time, which are offered under this Contract (the "Services"). You can read more about the Services we offer at www.bimobject.com.
These Terms apply to anyone who accesses and uses our Services whether as just a Visitor or as a registered User.
3.2 Who is your contract with?
The BIMobject entity with whom you contract is referred to as "BIMobject".
We use the term "Specified Countries" to refer to countries in the European Union (EU), the European Economic Area (EEA), and Switzerland.
If you reside in the Specified Countries you are entering into this Contract with BIMobject AB.
If you reside anywhere else i.e. outside of the Specified Countries you are entering into this Contract with BIMobject Inc.
You are aware, acknowledge and agree that BIMobject may, at its sole discretion, at any time provide any and all Services to you directly or indirectly through an Affiliate.*
*Affiliate means (i) subsidiaries of 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.
You can find more information about BIMobject AB, BIMobject Inc. and the BIMobject companies in Section 20 Corporate information-Contact below.
3.3 Acceptance of these Terms
You agree that by clicking "Register" or similar, by creating an account ("User Account" or "Account") or by otherwise joining, accessing or using our Services you specifically acknowledge and agree that you have read, understood and agree to these Terms in full and you understand that you are entering into a legally binding contract with BIMobject.
If you agree to these Terms on behalf of a corporate entity you warrant and represent that you are either the employee, agent or authorized representative of that corporate entity and that you have the necessary authority to enter into these Terms.
If you do not agree with these Terms, do not click on "Register" (or similar), do not register a User Account, access or otherwise use the Services. If you are using the Services and do not or at any time cease to agree to the Terms, you should immediately stop using or accessing the Services. If you wish to terminate this Contract at any time you can do so by closing your Account as directed below (in the case of a registered User) and/or otherwise by simply stop accessing or using our Services.
You may not and should not use the Services and you may not accept these Terms if you are not of Minimum Legal Age* or otherwise competent to enter into a legal contract with BIMobject.
*Minimum Legal Age means 16 years old unless applicable law in any applicable jurisdiction specifically dictates that you must be older in order for us to lawfully provide you with the Services.
3.5 Applicability of these Terms
These Terms do not apply to any BIMobject service, solution, application, website or Content available as part of or accessed from or through the Services where same are and/or are stated to be wholly subject to other terms and conditions.
Nor do these Terms apply to any third party websites, applications or services accessible through the Services which are subject to their own terms and conditions.
3.6 Additional Terms
Some of the Services e.g. the Developer API require that you agree to further specific terms and conditions in addition to these Terms. If any parts of the Services have additional terms and conditions, the same will be clearly evident when you access those parts of the Services.
As stated above, a Customer is a Manufacturer and/or any other third-party who has purchased customer services from BIMobject. Customers and Manufacturer’s nominated representatives/employees may also register as Users in order to access and use the customer services purchased by the associated Customer entity.
Customers may also agree to BIMobject’s Customer Terms and Conditions regarding BIMobject Cloud which sets out the terms and conditions and information regarding the customer services purchased "Customer Contract". In the case of Customers (who accept these terms through their nominated Users or in any appropriate way), these Terms incorporate by reference and in full the Data Sharing Terms between BIMobject and Customer which governs their respective data processing activities as stated therein.
4. CHANGE, AVAILABILITY OR CESSATION OF THE SERVICES
4.1 Changes to the Services
BIMobject is constantly innovating and refining the Services. You are aware, acknowledge and agree that the form, nature and content of the Services which BIMobject provides may change and/or evolve from time to time without prior notice to you.
4.2 Availability of or Cessation of the Services
5. FREE AND PAID SERVICES
5.1 Paid Services
Registration of a User Account is currently free of charge and access to the basic Services is provided free of charge. Notwithstanding this, we may from time to time and at our sole discretion decide to charge for certain parts of the Services and/or introduce or apply further fees and charges for certain features or services, the "Paid Services". If and when we do this, it will be made clear to you which of the Services are free, and which are Paid Services. If you purchase or contract to purchase any of our Paid Services, you agree to pay us all applicable fees net of taxes or withholding. You may if necessary, also need to agree to specific terms and conditions in respect of the same. You acknowledge and agree that 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.
5.2 Free Trial
If we should introduce any Paid Services, we may, at our sole discretion, offer you the opportunity to try such a Paid Services for free for a limited time ("Free Trial"). Before the end of the Free Trial you must decide whether you would like to continue using the Paid Services, should we choose to offer it. If you continue and do not cancel you may be billed for the services, we refer to this as a "Subscription". The Free Trial and any resulting Subscription will be subject to its own terms and conditions which will be clearly posted and available to you through the Services.
For the avoidance of any doubt nothing in the foregoing sections 5.1 and 5.2 shall represent, suggest or create an expectation or oblige us in any way (express or implied) to provide Paid Services or Free Trials which we may or may not, at our sole discretion, introduce.
6.1 Payment providers or partners.
If we introduce Paid Services, and you are required to enter payment details including a billing address and credit card number to pay for any Subscription or to register for a Free Trial at any time, you agree that BIMobject 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 BIMobject 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.
6.2 Payment mechanism
You expressly authorize us to charge you, where applicable subscription fees, other fees for Paid Services purchased, charges for use of the same and any applicable taxes. You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts. 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 payment details have been updated. After such suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.
7. PRIVACY AND COMMUNICATIONS
7.1 Privacy and data protection
*The term personal information shall encompass both the EU concept of personal data and the US concept of personally identifiable information.
When you visit 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.
7.3 Visibility of your personal information
7.4 Third party communications including communication from our Manufacturers
7.5 Communication by us
As a User, you acknowledge and agree that we will provide notices and messages to you in the following ways: (1) within the Services, or (2) sent to the contact information (usually your email address) you provided us at registration. You agree to keep your contact information up to date. You acknowledge that if your contact information is out of date, you may miss out on important notices.
You are aware, acknowledge and agree that we may communicate with you about the following:
To notify you by email when you have received BIMobject Mail messages from our Manufacturers as already referenced in 7.4 above (subject to your right to opt out at any time);
To provide you other notices and messages regarding the Services including information regarding any new products, changes or improvements to the Services;
To send you marketing or other promotional communications about the Services or the products we offer on the BIMobject Cloud or any other related matter as we see fit;
To provide you with communications regarding promotions, surveys (including user satisfaction surveys) and/or competitions run by BIMobject either alone or together with any of our Customers/Manufacturers;
To reply to customer service queries or general queries sent by you;
Any other matter where we think communication is needed for your security or to enhance the Services and your use of them.
8. USE OF THE SERVICES-ACCEPTABLE USE-NON-EXCLUSIVE LICENCE
In consideration of you accepting these Terms, BIMobject grants you a non-transferable, non-exclusive license to visit and use the Services as permitted by and strictly subject to these Terms. You are not permitted under any circumstances to sub-license, sub-contract or otherwise assign in whole or in part your license to any other party without the prior written consent of BIMobject. BIMobject, acting reasonably, reserves the right to withdraw the licence to use the Services.
Subject to your compliance in full with these Terms, you may use the Services to view and (if you are a User) download BIM Objects and Content from the BIMobject Cloud, to upload a User Project to the BIMobject Cloud, to connect with other Users and Manufacturers and/or Customers and to otherwise use the accessible features and Services as they are intended and as they are available to you.
You agree to use the BIMobject Cloud, the Services, BIM Objects and Content only for the purposes that are permitted by (a) these Terms, (b) any applicable guidelines or policies provided on the BIMobject Cloud (including through the Services) or communicated to you and (c) law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any applicable data protection laws or associated laws regarding the export of data or software to and from Sweden, the European Union or other relevant countries).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell any BIM Objects and/or Content for any purpose and/or upload BIM Objects and/or Content downloaded from the BIMobject Cloud to any other website, portal, server or similar service without a prior written approval from BIMobject. You may not host any BIM Objects or Content on any other BIM or similar platform. Strictly without prejudice to the foregoing, you may:
Use BIM Objects and Content you download for your own personal use (but not for other commercial purposes or to make a profit);
Notwithstanding (i) above, if you are an architect, engineer or other professional 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;
If available, use the Services for 3D printing (STL files) and for VR/AR applications (FBX files);
For pure educational or study purposes by institutions of education and/or their students (or their representatives where the students are not Minimum Legal Age) but in no way which results in commercial gain;
If you are a User nominated as representative of a Customer,use the Services to act as Sales Representative or such other function/capacity as is permitted/required and/or use the Services so that Customer can avail of Customer Services purchased under the terms of the Customer Contract.
You specifically agree not to access (or attempt to access) the Services by any means other than through the interface of the BIMobject Cloud, unless you have been specifically allowed to do so in a separate written agreement with BIMobject, EXCEPT THAT you may use functions provided in the interface of Third Party Applications* to access (or attempt to access) the Services).
*A Third Party Application means any software application connected by a Third-Party Developer via API to the BIMobject Cloud which may be used by the third-party developer for commercial or non-commercial purposes. A Third-Party Developer is a third party (not BIMobject) who has been approved by BIMobject to connect a Third Party Application via API to the BIMobject Cloud.
You further specifically agree not to: (i) access (or attempt to access) the Services through any automated means (including, but not limited to, use of scripts, robots, agents or web crawlers); (ii) interfere with or disrupt the Services, or servers or networks connected to the Services; (iii) use the Services to unlawfully or inappropriately collect or store personal data about any person or person connected to an entity, including other Users; (iv) use the Services to send unsolicited communications, promotions or advertisements, or spam; (v) use the Services to send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; or (vi) take any other actions in relation to the BIMobject Cloud, Services, BIM Object and/or Content that can be damaging to BIMobject, the BIMobject Cloud, the Services, BIM Objects, Content or any Affiliates, Customers, Manufacturers or other third parties.
You specifically agree that you will not use the Services to create, transmit, submit, upload, display or otherwise make available anything that: (i) violates, misappropriates or infringes another person’s or company’s rights, including but not limited to Intellectual Property 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 the BIMobject Cloud and the Services; or (iii) in any other way can be damaging to BIMobject, the BIMobject Cloud, the Services, BIM Objects, Content or any Affiliates, Customers Manufacturers or other third parties.
You are aware, acknowledge and agree that you are solely responsible for (and that BIMobject has no responsibility to you or to any third party for) any content (including, but not limited to, links, materials, information, files, images or any material) that you create, transmit, submit, upload, display, use for 3D printing, use in VR/AR applications or otherwise make available while using the Services, any BIM Objects or Content and for the consequences (including any loss or damage which BIMobject, its Affiliates, the Customers or any other third party may suffer) by doing so. This means, that you are solely responsible 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 anything you create, transmit, submit, upload, display or otherwise make available while using the Services, any BIM Objects or Content, including by uploading a User Project.
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) any breach of your obligations under these Terms and for the consequences (including any loss or damage which BIMobject, its Affiliates, the Customers or any other third party may suffer) of any such breach.
9. ACCOUNT INTEGRITY
If you are a registered User, you are aware, acknowledge and agree that you will not reveal and you are fully responsible for maintaining the confidentiality of passwords associated with your Account and, accordingly, that you will be solely responsible to BIMobject for all activities that occur under your Account.
You specifically agree that you will (i) use all reasonable efforts to prevent unauthorized access to or use of the Services; (ii) promptly notify BIMobject if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account, including any loss, theft, or unauthorized disclosure or use of a username, password, or Account; (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 Account profile information will be truthful.
If the Services were purchased by another party for you to use, such as your employer, the party paying for such Services may have the right to control access to and get reports on your use of such paid Services, however, they do not have the right to your personal User Account.
10. CONTENT OF THE SERVICES
You are aware, acknowledge and agree that BIM Objects and 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 information included in BIM Objects and/or Content which you may have access to as part of, or through your use of the Services, are the sole responsibility of the Manufacturer and/or Customer from which such content originated. You are also aware, acknowledge and agree that BIMobject has no obligation to host any BIM Object or Content on the BIMobject Cloud and that BIMobject reserves the right, but does not undertake any obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all BIM Objects and/or Content from the Services.
You are aware, acknowledge and agree that BIMobject makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, integrity, quality or suitability for any purpose of any BIM Objects and/or Content, including, but not limited to, the usage of STL, pdf and FBX file format for 3D printing and VR/AR applications, and that BIMobject and/or its Affiliates will not in any case be held liable for any damage BIM Objects and/or Content may cause, including but not limited to any errors or omissions in any BIM Object or Content or for any loss or damages of any kind incurred as a result of the use of any BIM Object or Content and regardless if downloaded through the interface of the BIMobject Cloud, a Third Party Application or otherwise.
You are aware, acknowledge and agree that any content presented to you as part of the Services, including but not limited to BIM Objects and Content, are protected by Intellectual Property Rights (defined below) which are owned by a third party such as and including any Customer, Manufacturer and/or the owner of the actual associated trademark or brand. Nothing in these Terms or in your use of the Services implies that you have the right to use the forgoing in an unauthorised manner or to contravene the rights of any third party. Without prejudice to the foregoing, any Customer/Manufacturer, or any other person or legal entity on its behalf, who provides a specific BIM Object or Content to BIMobject and which is made accessible through the Services are solely responsible for the content and its origin.
You may not reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the content referred to under section 10.3, (either in whole or in part) unless you have a specific agreement in writing with BIMobject allowing such actions. You may however download BIM Objects and Content and also use it in your User Projects, however only for the use permitted by BIMobject and enabled through the Services.
11. PROPRIETARY RIGHTS
You are aware, acknowledge and agree that BIMobject,any Affiliate, Customer and/or Manufacturer, BIMobject’s licensors and/or another/other third party(ies) owns all legal right, title and interest in and to the BIMobject Cloud, any associated software, the Services, any BIM Object and any Content as the case may be, including any Intellectual Property Rights* which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you do not acquire any right, title or interest express or implied in or to the BIMobject Cloud, any associated software, the Services, any BIM Object or Content unless expressly set forth in these Terms. You are further aware, acknowledge and agree that the 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.
*Intellectual Property Rights shall 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.
Nothing in these Terms or your use of the Services, gives you a right to use any of BIMobject’s, or any BIMobject 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 Terms.
Some of the Services enable and allow you to upload User Projects. You are aware, acknowledge and agree that a User Project may include content which you or a third party owns legal rights, title and interest in and to (in addition to the legal rights, title and interest in and to any BIM Object and/or Content included in the User Project). You are further aware, 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 (whether those rights happen to be registered or not, and wherever in the world those rights may exist), 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 11.4 below.
You retain all ownership of any Intellectual Property Rights that you hold in your User Project (and a third party retains ownership of all of its Intellectual Property Rights in your User Project, if any), however, any material or content you upload, transmit or post to the Services shall be considered non-confidential and non-proprietary and you understand that by uploading the User Project to or through the BIMobject Cloud or the Services, you give BIMobject and 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, including a right to sublicense the rights granted according to the above. We may do the foregoing without any further consent, notice and/or compensation to you or others and we shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any purpose(s). 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 or its Affiliates or any other third party may suffer in relation to such upload of a User Project and/or grant of rights.
By submitting suggestions or other feedback regarding our Services to BIMobject you agree that BIMobject may at its discretion utilise or share (however it is not compulsory to do so) such feedback for any purpose without compensation to you.
12. EXTERNAL LINKS AND WEBSITES
The BIMobject Cloud, the Services, and Content may include hyperlinks to other web sites, content or resources for example links to Manufacturer, Customer, Affiliate 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 websites or any material found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to on our site and your personal information is accessed by these sites including where you upload or include the same to these sites, you do so entirely at your own risk.
You are aware, acknowledge and agree that BIMobject is not responsible for the availability of any external sites (including any Third Party Application), content or resources, and does not endorse any advertising, products or other materials on or available from such web sites, content or resources and that BIMobject is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, information or other materials on, or available from, such websites, content or resources.
You are aware, acknowledge and agree that from time to time, 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, but also, 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 as in the case of the BIMobject Evo application, such access 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 agree, acknowledge and consent to this or any similar access in such circumstances when using the Services.
13. TERM AND TERMINATION
These Terms enter into force on the date you first agree to them and will continue in force thereafter until terminated by either you or BIMobject as set out below. Upon termination of these Terms for any reason, you must immediately cease using the Services.
If you want to terminate these Terms you may do so by providing notice to BIMobject at firstname.lastname@example.org. Please note however that you can stop using the Services at any time without giving notice to BIMobject.
BIMobject may, at its sole discretion, at any time and for any reason, including a period of account inactivity, terminate these Terms and/or your use of the Services and/or suspend or terminate your User Account. In the event of termination, your Account will be disabled, and you may not be granted access to your Account or any files or other content contained in your Account although residual copies of information may remain in our system.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and/or BIMobject have benefited from, been subject to or which have accrued over time whilst these Terms have been in force or which are expressed to continue indefinitely shall be unaffected by this cessation, and without limitation the provisions of Section 19 Disputes, Governing Law and Jurisdiction shall continue to apply to such rights, obligations and liabilities indefinitely.
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 the BIMobject Cloud, the Services, any BIM Object and/or Content, as well as any violation of these Terms or any other actions (or adverse consequences) connected with your use of the BIMobject Cloud, the Services, any BIM Object and/or Content, 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, BIMobject will provide you with written notice of such claim, suit or action. BIMobject shall have the right to participate, at its own expense, in the defense of any claim. You shall not agree to any settlement of any claim as set out above without the prior written consent of BIMobject.
15. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING THESE SECTIONS 15 AND 16, 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.
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 AND CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND FREE OF CHARGE.
IN PARTICULAR, BIMOBJECT, ITS SUBSIDIARIES, 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.
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.
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.
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.
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.
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).
16. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN SECTION 15.1 ABOVE, YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT BIMOBJECT, ITS SUBSIDIARIES, SHAREHOLDERS, PARTNERS, AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
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
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).
THE LIMITATIONS ON BIMOBJECT’S LIABILITY TO YOU IN SECTION 16.1 ABOVE SHALL APPLY WHETHER OR NOT BIMOBJECT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. CHANGES/UPDATES TO THE SERVICES AND THESE TERMS
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 Terms except where expressly stated otherwise.
18. GENERAL PROVISIONS
You are aware, acknowledge and agree that these 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 separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these Terms.
You are aware, acknowledge and agree that any amendment, change or modification of these Terms, other than as set out above, may only be made by a written agreement between the parties.
You are aware, 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 this Contract be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these 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 Terms and the remaining provisions of these Terms shall continue in full force and effect.
You are aware, acknowledge and agree that BIMobject may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through the BIMobject Cloud. The English language shall be the governing language in your relationship with BIMobject.
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 Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these Terms, there shall be no other third-party beneficiaries to these Terms.
You shall not be entitled to assign your rights and/or obligations under these Terms without BIMobject’s prior written consent. BIMobject shall be entitled to assign its rights and/or obligations under these Terms without your prior written consent.
19. DISPUTES, GOVERNING LAW AND JURISDICTION
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's useful to know up front where it can be resolved and what laws will apply. If you reside in the Specified Countries and you are entering into these Terms with BIMobject AB, you and BIMobject AB agree that these Terms, and your relationship with BIMobject under these 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 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.
If you do not reside in the Specified Countries, and you are entering into these Terms with BIMobject Inc., you and BIMobject Inc. 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 Terms and/or the Services. You and BIMobject Inc. 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.
Notwithstanding the above you are aware, 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.
20. CORPORATE INFORMATION-CONTACT
See here for information including the contact details for BIMobject AB and BIMobject Inc. as well as the BIMobject group/subsidiary companies.
How to contact BIMobject
If you want to contact BIMobject or have any questions about these Terms please send an email to email@example.com.