General Terms of Use

Welcome to BIMsystems – the digital application for BIM Content.

These General Terms of Use (hereinafter “Terms“) regulate access to and use of the platform solution BIMsystems, together with its content, in particular BIM Content (hereinafter, “Service“). The Service is offered by BIMsystems GmbH, Kriegerstraße 3, 70193 Stuttgart (hereinafter, “we“, “us“ or „our“) through users of the solution (hereinafter “you“, “you“ or ”your“). By registering for the Service, you agree to the application of these Terms.

1. General points, service provided

1. Our Service enables users to retrieve, configure, attribute, examine and use BIM-Content, through a central hub, from an online-based, hosted platform. You can moreover create projects, invite other users to participate in projects and work on projects in cooperation with users. Based on the information, queries can be dealt with, evaluations can be made and information can be provided on other software solutions. In addition to this, there can be communication and exchange of information between all participants on the platform. Furthermore, the most varied of evaluations in terms of nature, quantity and quality can be made.

2. We grant you a non-exclusive, non-sublicensable, revocable, non-transferable right, restricted in terms of content to the rights required for the use of the Service and in terms of time to the agreed period of use and/or for as long as you continue to have your user account, (hereinafter, “Licence") to use our Service.

3. You must ensure that you store your access data (username, respectively email address, password) in such a way that third parties are not provided with a means of gaining unauthorised access.

4. You yourself are responsible for providing all the software and hardware (in particular terminal devices, online connection, compatible web browser software) needed for access to our Service. You hereby declare moreover that you understand that it may possibly be necessary to download and install additional software (e.g. plug-ins, applications) to gain access to certain content within our Service or certain functionalities.

2. Scope of use

1. We hereby grant you the right to access and use our Service. We are the sole and exclusive holders of all intellectual property rights and resultant claims, and the sole and exclusive owners of the Service and of any modifications and extensions to the same. This includes any content not personalised and uploaded by users of the Service.

   We reserve all rights to our Service that are not expressly granted under and in these Terms. Users may not encumber the Service with claims, liens and/or rights of retention.

2. Our Service is protected by the German Copyright Act and by other German legislation, as well as international legislation and contractual provisions. You may neither use, copy, modify or disseminate (electronically or by some other means) the Service itself, including the source codes for parts of our Service, nor any copy, adaptation, transcription or combined parts of the same, unless this was otherwise expressly approved by us in writing or is permitted either expressly in these Terms or based on statutory provisions. You may not modify,

3. reverse engineer, disassemble, decompile, decode, develop derivative works from or otherwise change our Service. There may be an exception to this only insofar as and to the extent that such a process is necessary for the development of an independent, interoperable programme (in this case, such a process shall be permitted only if our written permission, which may not be withheld or delayed without just cause, has been obtained beforehand).

   You are prohibited from transferring, leasing, assigning, renting out or sublicensing the rights granted under this agreement. You are equally prohibited from using components of our Service, or individual utility software provided to enable the use of the Service, for purposes other than the intended purposes.

4. You are forbidden from using the Service to harm, threaten or harass us, third parties, other users or other organisations. You may moreover not damage, deactivate or overload the Service, not interrupt or impair the same (or any network connected thereto), nor resell or redistribute our Service or any parts thereof. Users are moreover prohibited from using unauthorised methods to modify or redirect our Service or to gain access, or to attempt such acts, or to use an automated process or any service (in particular "bots" or "spiders" or regular caching of information stored by us) to gain access to our Service or to use the same. You shall moreover refrain from carrying out the following acts and from assisting or encouraging third parties to carry out such acts:

   1. removing, concealing or altering indications of proprietary rights that are connected with our Service;

   2. committing

      1. unlawful or fraudulent acts to use the Service, participating in "phishing", forgery or similar distortions or manipulations of data;

      2. sending unwanted or unauthorised junk mail, spam, chain letters, pyramid schemes or any other type of mass communication or unsolicited communications;

      3. storing or transmitting users’ offensive content, notably content containing unlawful, defamatory, threatening, pornographic, abusive, slanderous or other unauthorised materials of any kind or containing material that might encourage behaviour that is tantamount to a criminal offence or that breaches copyrights or third party data protection rights;

      4. and storing or transmitting users’ content containing a denial of service attack, software viruses or other harmful computer codes, files or programmes (notably trojans, worms, time bombs,
         cancelbots or spyware) or

      5. that are designed to abuse, harass or persecute third parties or otherwise breach their rights

         or harm them;

   3. surreptitiously obtaining passwords or otherwise gaining or attempting to gain access to other accounts, to our systems or to networks that are not covered by these Terms;

   4. in our opinion, overloading or attempting to overload the Service, the system resources or their capacity.

3. Confidentiality

1. You undertake to disclose to third parties details about our Service only to the extent necessary for the use of the same. You undertake to take the greatest possible care in safeguarding the confidentiality of the Service. This provision does not apply to the disclosure of contents from and by users in the context of projects that they have created themselves.

2. We undertake to maintain the confidentiality of users' data and of the content exchanged via the Service. We reserve the right however to access such content and to process it:

   1. at the request of the user to whom the Service was provided;

   2. on instruction by a user with access to this content (e.g. to promote the provision of the Service or to implement customer-oriented support functions) or

   3. as is otherwise required according to applicable law. We are authorised to use and disclose statistical data on the use of our Service; this excludes other data on users or individuals or such data as might permit conclusions to be drawn as to the identity of users or other individuals.

4. Termination; access to our Service

1. The licence or right of use of individual utility software may be terminated by you and us at any time with immediate effect. We are moreover at any time entitled to interrupt your access to our Service, your use of the same or your use of utility software used for access to or for use of the Service, immediately in the event that our Service or this utility software is

   1. in our opinion adversely affecting other users' possibility of accessing the Service

   2. or is in our opinion being provided in breach of national or foreign laws,

      directives, regulations and rulings.

2. On termination of this agreement, you must immediately cease to have access to and to use our Service. As soon as the licence ends (notably following termination, non-continuation, relinquishment of use), all materials in your possession that relate to our Service must be destroyed (including copies and all software that we provided you with). This does not however apply to content which is in your lawful possession.

5. Warranty; liability

1. Technical data, specifications and performance data contained in public statements, in particular in advertising media, are not quality descriptions. The functionality of the Service is based primarily on the description contained in these Terms. In all other respects, the Service must be suited to the use assumed under this contract and otherwise, the quality displayed must be the quality customary in the same kind of services.

   We can assume no warranty and liability for the accuracy and up-to-date nature of the data and technical information provided in connection with the BIM Content. The data are made available by third parties, notably the manufacturers of the products. We accept this data, but we do not check it.

2. We make the Service available and maintain the Service in a state in which it is suited to its use in accordance with the contract. The obligation to maintain the Service does not include adapting the Service to changed conditions of use and technical and functional developments such as in particular changes to the hardware or operating system, adaptations of products contributing to the function range or creating compatibility with new data formats.

3. There is no strict liability in tort to provide compensation for defects that already existed

   as of the date of conclusion of the contract.

4. You are obliged to assist us in the detection and removal of defects and accordingly to provide us without delay with information with a view to fault diagnosis and the remedy of defects.

5. Should unauthorised third parties avail themselves of our Service by using users’ access data, users shall be liable for the resultant damage caused pursuant to statutory provisions if the users may be held to have breached their duty of care in terms of looking after their access data.

6. We reserve the right to block access immediately should we have good reason to suspect that stored content is unlawful and/or breaches third party rights. We shall notably have good reason to suspect unlawfulness or a breach of rights if we are informed of this by courts, authorities and/or other third parties. We shall inform the user without delay of the block and of the reason that led to the block. The user reserves the right to clear the suspicion by presenting suitable evidence.

7. In case of intent or gross negligence, and if a guaranteed feature is missing, or in case of statutory strict liability in tort and in case of injury to life, limb or health, we shall be answerable without limitation for any damages caused by the breach of duty.

8. We shall be liable for ordinary negligence only if a material contractual obligation has been breached.
   Material contractual obligations are those obligations which, based on the content and purpose of these Terms, we are in fact obliged to perform, without the fulfilment of which these Terms cannot even be properly performed, and on whose compliance the user ordinarily relies and may rely. The material contractual obligations contained in these Terms accordingly include, but are not limited to: The display and archiving of content uploaded to the platform and those designed for the provision of storage space. The uninterrupted technical availability of the Service is not one of the material contractual obligations contained in the Terms. Neither we nor our cooperation partners are liable for the content and data that users use via the Service and that are made available to them.

9. We owe the due diligence customary in this line of business. In establishing whether we are at fault, consideration must be given to the fact that the Service, as is generally customary with software, cannot be created to be technically error-free.

10. The exclusions from liability and restrictions set out above shall not apply should we assume express warranties or in case of mandatory statutory provisions.

11. Should data and/or other content go missing, we shall be liable only to the extent that the loss suffered was caused by the fact that the user failed to back up data and thus to ensure that missing data could be reinstated with reasonable expense.

12. Where reference is made to third party databases, websites, services etc., e.g. through the creation of links or hyperlinks, we shall be liable neither for the accessibility, continued existence or security of such databases or services, nor for their content. We are notably not liable for their lawfulness, or for the accuracy, completeness or up-to-date nature of their content, etc.

13. The provisions made in paragraphs 7 to 12 shall equally apply to our statutory representatives and to individuals whose services we call upon in order to meet our statutory obligations.

6. Data loss

1. You hereby acknowledge the fact that data transmission is subject to human and machine failure, omissions, delays and losses (notably viruses, unintended loss or damage), meaning that losses or damage may arise. We shall assume no liability for such errors, omissions, delays or losses unless they were caused by gross negligence or with intent (subject to all the other Terms of this agreement).

2. Whenever you access data as part of our Service, a copy of this data is copied to the user's local computer ("caching"). This is used to increase the speed of the Service during repeated access to graphics or data. If pages and/or data are cached on your local computer, such data is beyond our control and accessible to anyone who has access to your computer. You yourself bear the risk and the liability for data that are cached on your local computer.

3. Users are solely responsible for taking suitable precautions to prevent any data loss. These precautions notably include

   1. keeping back-up copies on your local computer of the data that you created and/or transmitted

      via the Service, in case you have to retransmit the same;

   2. checking the data and other information prior to their transmission via

      our Service and

   3. checking whether data and other information transmitted were properly

      uploaded and are accessible only to individuals to whom you would like to

      grant access.

4. You equally hereby acknowledge the fact that other users have corresponding rights of access for access to content that you have transmitted via the Service. You yourself are responsible for ensuring that every computer that you use to gain access to the Service has antivirus software installed that ensures that content that is transmitted via our Service is scanned beforehand for viruses.

7. Final provisions

1. These Terms are subject to German law. Save any mandatory provisions to the contrary, the place of jurisdiction for all legal disputes arising from or in connection with these Terms shall be Stuttgart Regional Court.

2. You may not assign, assume or otherwise transfer rights or obligations arising under these Terms without our prior, written consent. This restriction shall not apply to rights or obligations that accrue under these Terms to our benefit.

3. We reserve the right to amend these Terms at any time. We shall inform you of any material change through a separate communication. You understand and hereby consent to the fact that your subsequent use, following the publication of any such communication, points to the acceptance of such changes, which will come to form an integral part of these Terms. There shall be no communication of non-material changes.