BIMx Model Transfer Service – Terms of Use

Acceptance of Terms

GRAPHISOFT SE (registered address: Záhony utca 7., H-1031 Budapest, Hungary; hereinafter referred to as “GRAPHISOFT”) makes the BIMx Model Transfer Service (hereinafter referred to as “Service”), including all information, content and service available to You as Graphisoft’s customer subject to the terms and conditions set forth in this document. These terms and conditions are to be applied together with other legal documents such as Graphisoft’s general Website Terms of Use, Privacy Policy and End User License Agreements of its related Products and Solutions available at www.graphisoft.com/licenses.

By utilizing the Service in any ways, with or without any registrations, including but not limited to accessing the Service’s website(s), uploading, sharing and downloading content in the framework of the Service or any other activity involving any component of the Service you accept these terms and conditions as a binding agreement between you and GRAPHISOFT concerning your use of the Service. We may revise this Terms of Use and Privacy Policy and the other legal documents governing the use of the Service at any time without notice. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service following any such changes shall constitute your acceptance of such changes.

Use of the BIMx Model Transfer Service

You represent and warrant that you are of legal age and you have full capacity to form a binding contract and are not a person barred from receiving services under the laws of your country. To use this Service, you have to possess a valid GRAPHISOFT ID.

By accepting these Terms of Use you accept that all information, data, text, photographs, graphics, tags, or other materials uploaded or shared in the framework of the Service (“Content”) and comments made on the Site, whether publicly posted or privately transmitted, are the sole and exclusive responsibility of the person from whom such Content or comment originated.

You agree not to publish any Content or comment that is false or misleading; is offensive or obscene; is harassing or invades another person’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; infringes on another’s rights, including but not limited to intellectual property rights; constitutes unsolicited bulk email, i.e. spamming; or violates any applicable laws or regulations; furthermore, does not contain any personal information or data of a third party.

You agree that GRAPHISOFT is entitled to remove any Content or comment you publish in the framework of the Service without notification or without your prior approval. In such case, Graphisoft shall have no responsibility of any kind and you are not entitled to any indemnification. GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification for and in connection with any infringing, unlawful Content or comment published in the framework of the Service.

You accept that your registration according to the terms set forth herein is required to use the Service. You also accept that any Content published in the framework of the Service is only for your personal use and You are not authorized in any way to download Contents for the purposes of offering any services identical or similar to the Service.

The Service is available in one of the following cases:

  1. if you are a legitimate student or teacher of an academic institution you are entitled to use the Education version of Archicad together with the Service,
  2. if you are a commercial user of Archicad you are entitled to use the Service for a limited period of time by using a Trial license,
  3. if you are a commercial user of Archicad you are entitled to use the Service without time limitation and
  4. if you are a commercial user of Archicad and you have a valid Software Service Agreement (SSA) you are entitled to use the SSA-only functions of the Service as long as you have a valid SSA.

Education and Trial statuses may be upgraded to Commercial by purchasing a commercial license of Archicad.

Copyright or intellectual property infringement

You are entitled to upload content in the framework of the Service only which is either your own intellectual property or you have an appropriate valid license from the copyright owner to upload it in the framework of the Service according to the terms and conditions of this Terms of Use. You shall bear full liability for any and all Content uploaded by You. If GRAPHISOFT has reasonable grounds to suspect that any Content uploaded by you may infringe copyright or other applicable laws, Graphisoft will remove it without your consent and without prior notice. GRAPHISOFT may also terminate the accounts of users who repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please report it to GRAPHISOFT without delay. Your report should include your statement that (a) you have a good faith belief that the use of the Content is not authorized by the copyright owner, (b) you are the copyright or intellectual property owner, or you are authorized to act on the copyright or intellectual property owner’s behalf. In the event of removal under this point, Graphisoft shall have no responsibility of any kind and you are not entitled to any indemnification.

General practices and limits

You acknowledge that GRAPHISOFT may establish general practices and limits concerning the use of the Service, including the maximum number of models uploaded (in total and/or in a time frame), the maximum size of images uploaded, maximum size of disk space allotted to one User, the maximum number of times, and the maximum duration for which you can access the Service in a given period of time. You agree that GRAPHISOFT has no responsibility or liability for the loss of data stored on its servers. You acknowledge that GRAPHISOFT may cancel accounts that are inactive for an extended period of time and/or infringe any practices and limits established by Graphisoft. You further acknowledge that GRAPHISOFT reserves the right to modify these general practices and limits at any time.

Content Storage

At the time of publishing this Terms of Use GRAPHISOFT offers the Service at the following levels:

  1. users with an Education license of Archicad are entitled to publish up to 5 GB Education version BIMx models on the public BIMx Model Transfer site as long as they hold a valid Education license of Archicad,
  2. users with a Trial license of Archicad are entitled to publish up to 5 GB full version BIMx models on the public BIMx Model Transfer site for 30 days after first launching Archicad,
  3. users with a Commercial license of Archicad are entitled to publish up to 5 GB full version BIMx models on the public BIMx Model Transfer site without time limitation and
  4. users with a valid Archicad Software Service Agreement are entitled to publish up to 5 GB full version BIMx models on the public BIMx Model Transfer site and up to 5 GB full version BIMx models on the private BIMx Model Transfer site as long as they hold a valid Software Service Agreement.

You agree that GRAPHISOFT may remove models at its own discretion and without any prior notice from the public BIMx Model Transfer site. You also agree that GRAPHISOFT will remove your models stored on the private BIMx Model Transfer site if your Archicad Software Service Agreement expires. In such event it is your exclusive responsibility to remove and archive your Content in due time before your private content stored in your private storage is eliminated.

By accepting these General Terms of Use you acknowledge that GRAPHISOFT reserves the right to modify the Service’s storage limits and conditions at any time.

Disclaimer

Except where expressly provided otherwise in a written agreement between you and GRAPHISOFT, to the extent permitted by the applicable rules of law all content, materials, information, software, products and service provided in the framework of the Service, are provided on an “as is” basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement. GRAPHISOFT makes no warranty that the Service will meet your requirements; that the Service will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that the Service is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you in the framework of the Service will meet your expectations.

Any content, materials, information or software downloaded or otherwise obtained through the use of the Service is done exclusively at your own discretion and risk. GRAPHISOFT, to the extent permitted by the applicable rules of law, shall have no responsibility for any damage to your computer system or loss of data that results from the download of any Content, materials, information or software.

GRAPHISOFT reserves the right to make changes or updates to the Service, discontinue it temporarily or permanently, at any time without notice. You agree that GRAPHISOFT shall not be liable for any modification or suspension of the Service.

Limitation of liability

To the extent permitted by the applicable rules of law GRAPHISOFT excludes its liability for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by you or any third party, whether in action of contract, negligence or tort, arising from your access to, or use of, or uploading of Content or downloading in the framework of the Service. Furthermore, in no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from infringement of intellectual property rights of a third person or unauthorized right of personal data by a user including without limitation uploading the Contents to other websites.

Indemnity

As a condition of use of the Service, you, the end user, agree to indemnify GRAPHISOFT, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Intellectual property/trademark information

The trademarks and other intellectual property owned by Graphisoft and by third parties available in the framework of the Service are protected by applicable rules of laws. To the maximum extent permitted by applicable laws, by Graphisoft and other intellectual property owners reserve all rights to their trademark/intellectual property not expressly granted hereunder. If you copy or use all or any portion of the trademarks/intellectual property available in the framework of the Service in non-compliance with any of the terms of this Terms of Use, you are violating trademark or other intellectual property law, and you may be liable to GRAPHISOFT and other intellectual property owners, in particular for damages, and you may be subject to criminal penalties.

GRAPHISOFT, Archicad, and BIMx are trademarks of GRAPHISOFT SE. All rights reserved worldwide. Unless otherwise specified, the following notice applies to all Contents of this Site:
Copyright © 2016 GRAPHISOFT SE. Záhony u. 7., H-1031 Budapest, Hungary. All rights reserved worldwide.

Personal information

The user’s privacy is very important for GRAPHISOFT. GRAPHISOFT designed its Privacy Policy to make important disclosures about how users can use the Service and how GRAPHISOFT shall collect and can use the user’s content and information. By accepting these General Terms of Use you also accept our Privacy Policy.

Law and arbitration

The validity, interpretation and performance of these General Terms of Use and any dispute connected herewith shall be governed and construed in accordance with the laws of Hungary. The Hungarian ordinary courts have exclusive jurisdiction in subjects of any legal disputes arising from or in connection with these General Terms of Use.

If you have any questions regarding these General Terms of Use, please Contact us.