GRAPHISOFT SOFTWARE LICENSE AGREEMENT

BIMx Android

Version 3.3: effective as of May 21, 2025

IMPORTANT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "GET STARTED" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THIS GRAPHISOFT LICENSE AGREEMENT ("AGREEMENT") INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER AND ANY AUTHORIZED USERS WHETHER OR NOT EACH SUCH AUTHORIZED USER INDICATES THEIR INDIVIDUAL ACCEPTANCE.

IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY QUIT FROM THE APPLICATION AND UNINSTALL THE SOFTWARE.

Graphisoft SE Private European Company Limited by Shares (registered address: Záhony utca 7. Budapest H-1031 Hungary https://graphisoft.com; hereinafter: "Graphisoft") licenses this Software ("Application" or "Software") to You, an individual or as the representative of and on behalf of Your employer (collectively: "You") only upon the condition that You accept all of the terms contained in this Graphisoft License Agreement ("Agreement").

1. LICENSE

By accepting the terms of this Agreement, You expressly declare and confirm that You have the full power and capacity to represent Your employer and/or the entity on behalf of which You are acting. Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.

The terms of this Agreement are subject to change by Graphisoft in its sole discretion at any time. When changes are made, Graphisoft will make it available on its website and/or within the Application prior to the effective date of such change.

By accepting this Agreement, You also accept Graphisoft’s Privacy Policy available at https://graphisoft.com/legal/privacy-policy and the Graphisoft ID Terms of Use available at https://graphisoft.com/legal/terms-of-use-graphisoft-id as applicable together with this Agreement.

This Agreement constitutes a non-exclusive, non-transferable, non-sublicensable, limited license for You to use the enclosed Software and associated documentation, together with the upgrades, updates, new versions and fixes provided to You by Graphisoft. The Software is licensed, not sold, to You exclusively for Your own use under the terms and conditions of this Agreement.

The Software is owned by Graphisoft and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, Graphisoft reserves all rights to the Software not expressly granted hereunder and to any reproduction of the Software including its documentation, logos, trademarks, icons and interface in whole or in part. If You copy or use all or any portion of the Software without entering into this Agreement or obtaining the prior written permission of Graphisoft or in non-compliance with any of the terms of this Agreement, You are violating copyright or other intellectual property law, and You may be liable to Graphisoft and its licensors in particular for damages, and You may be subject to criminal penalties.

2. INTERNET-BASED SERVICES COMPONENTS

The Software may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Graphisoft may automatically check the version of the Software and/or its components that You are utilizing in order to check that You are utilizing the Software according to its purpose and may provide upgrades or fixes to the Software in order to advance lawful and improved operation thereof. Graphisoft shall not be liable for any loss of data or malfunctioning of the Software occurring in connection with Graphisoft’s conduct under this point.

The Software may contain technological measures that are designed to prevent unlicensed use of the Software. You hereby expressly accept that Graphisoft or its assignee will use those measures to confirm that You have a legally licensed copy of the Software and You use the Software according to the terms and conditions of this Agreement. If Graphisoft finds that You are not using a licensed copy of the Software or Your use of the Software infringes the terms and conditions of this Agreement, You are not allowed to install future updates of the Software, and Graphisoft will take the necessary measures in order that You shall not be able to install future updates of the Software. You accept that Graphisoft or its assignee will collect, transmit and use for law enforcement purposes technical data from Your device during this process necessary to detect and pursue the illegal use of the Software.

3. CONSENT TO USE OF DATA

You expressly agree and give Your consent that during the term of this Agreement Graphisoft may at any time collect, process and use information and files gathered as part of and related to Your use of this version of the Software and during the product support services provided to You related to the Software. You expressly agree and give Your consent that during the term of this Agreement Graphisoft may process, use this information to improve its products and services or to provide customized services or technologies or to troubleshoot any deficiencies in compliance with the applicable rules of law. Graphisoft hereby represents and warrants that Graphisoft shall use this information exclusively for the purposes defined herein and shall take all reasonable measures to prevent the disclosure of this information to third persons, Graphisoft will not disclose this information in any form that personally identifies You.

You may request information concerning the data relating to You, stored by Graphisoft. In addition, You may request the rectification or erasure of Your personal data stored by Graphisoft in accordance with the governing rules of law.

Unless otherwise regulated by the special rules determined by Graphisoft and expressly accepted by You, Graphisoft uses the information gathered from You as set forth above.

4. PREMIUM FUNCTIONALITIES

The license granted by this Agreement is subject to the License Parameters defined hereinafter:

The Software is currently available in a freemium model (free of charge) and offers free functionalities along with premium features.

Certain collaboration or productivity functions like BIMx API access, Issue creation, and others are premium features, available if Your Graphisoft ID Company is entitled for BIMx Pro functions. Graphisoft retains the right to unilaterally modify the content of the free and the premium feature packs without advance notice to You.

The content of the free and the premium features of the Software are described on the Software’s Google Play Product Page: https://play.google.com/store/apps/details?id=com.graphisoft.bimx

You are required to sign in with Your Graphisoft ID to use all the functionalities of the Software. A Graphisoft ID sign in is not required in the demo model or when using the 'featured models' listed on https://bimx.graphisoft.com. Also, the Graphisoft ID sign in is not required for the very first model opened in the Application, however sign in is required for all further usage.

BIMx Pro functions can be enabled after signing in with Your Graphisoft ID, which automatically provides access to BIMx Pro features for all the members of an eligible Graphisoft ID Company.

Your Graphisoft ID Company is entitled to BIMx Pro functions if it owns at least one of the followings:

  • Active Service Contract subscriptions:
    • Software Service Agreement (SSA) for Archicad
    • Graphisoft Forward
  • Active Subscriptions, for example:
    • Archicad
    • Archicad Solo
    • Archicad Studio
    • Archicad Collaborate
    • Archicad Collaborate Global
    • BIMcloud (on-premises)
    • DDScad Electrical Collaborate

Read more about BIMx’s licensing at https://community.graphisoft.com/t5/BIMx/BIMx-License-Types/ta-p/304184

Joining to BIMcloud with BIMcloud User License enables the BIMx features like integrated messaging in Hyper-models, exported from the same Archicad project shared on BIMcloud. Other Pro features, such as BIMx API access, is not enabled with a BIMcloud User License and it is only available to You if your Graphisoft ID Company is entitled to BIMx Pro functions.

New functionalities of the Application might be available in BIMx Hyper-models if they are exported from the project using the latest available Archicad or DDScad version.

The availability of the BIMx Pro features is regularly checked by the Application. If the last Subscription, that enabled for You to use the BIMx Pro features terminates for any reason, You are entitled to use the premium functionalities of the Application for a maximum of 7 (seven) days after termination. Graphisoft might change this timeframe without an advance notice sent to You.

You can regain Your access to BIMx Pro features by renewing Your Service Contract or Subscription or purchasing new ones.

5. 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 Services and how Graphisoft shall collect and can use the user’s content and information.

  • The Software collects data on time, frequency of use of each Software function; hardware, software, product information and some personal identification data (e.g.: Graphisoft ID) and sends it to Microsoft Azure Application Insights (https://privacy.microsoft.com/en-us/privacystatement) and Sentry (https://sentry.io/privacy))
  • Data sent to Microsoft and Sentry are accessed by Graphisoft and collected for the purpose of obtaining feedback and assessing on how You use the Software, its functionalities, and new features, and potential malfunctions, in order to improve the Software and attempting devising solutions to commonly occurring problems.
  • The data collected is pseudonymous; Graphisoft has no interest in knowing who exactly provided the data, but only connects the data coming from the same user to make statistically correct conclusions about Software usage.
  • Graphisoft has implemented certain technical and organizational measures where the source information and encryption key, as well as their accesses are segregated ensuring that the collected data remains unidentified.
  • Data collection runs automatically in the background. You can object to the data processing by emailing to [email protected], however due to the fact that the data collected is pseudonymous, in order to complete Your request, You have to provide Your identification to Graphisoft for Graphisoft to be able to identify You. Legal base of the data processing: the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to improve the Software according to user needs, increasing user satisfaction and consequently the number of users.
  • Duration of the data processing: as long as Graphisoft provides technical support for the respective version of the Software, but maximum for 5 (five) years from the data collection date.

6. SUPPORT

This Agreement DOES NOT give You the right to any technical support for, or upgrades to, the Software which Graphisoft may offer from time to time. Graphisoft may, at its option and as part of its sales and marketing policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by Graphisoft.

Graphisoft offers assistance through Graphisoft’s following channel: [email protected]. Graphisoft will usually respond to You within 3 (three) business days however Graphisoft does not guarantee any fixed reaction time and a definite solution for Your issue.

7. RESTRICTIONS

You shall not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part, without the prior written consent of Graphisoft.

You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purposes whatsoever.

You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software.

You shall not copy any written materials accompanying the Software;

You are expressly prohibited from distributing, providing access to, or commercializing the Software or any of its components either alone or as part of another product or service.

In case of infringement of any provisions of this chapter, You expressly acknowledge that Graphisoft will take the necessary measures in order that the infringement be terminated and to enforce Your compliance with the above provisions. In addition, Graphisoft shall be entitled to enforce payment for its damages as well as other rights and claims under the governing laws in force resulting from Your breach of this Agreement.

8. TERMINATION

This Agreement remains in effect until it is terminated according to the provisions of this Agreement.

Upon termination, You must destroy the Software and all copies of it.

Graphisoft may terminate this Agreement without notice following breach of any part of the Agreement. Your actual or attempted violation of any of the provisions of the License Parameters (in the PREMIUM FUNCTIONALITIES section) or RESTRICTIONS, as set out above, shall be a material breach of this Agreement.

Your license to the Software terminates if Graphisoft, at any time and for any reason, including addressing competitive demands, responding to a government regulation, order or law, or to advance innovation in its offerings, terminates in whole or in part the Software or ceases to provide by sale or other means. On the designated date for a product End-of-Life, Graphisoft will no longer provide: (i) Technical Support; (ii) Updates; and/or (iii) support services ("End-of-Life"). For any Software subject to an End-of-Life designation, Graphisoft will post relevant dates on its website at least ninety (90) days prior to the End-of-Life effective date and will use commercially reasonable efforts to assist You in such transition.

Unless otherwise required by the mandatory rules of the applicable law, Graphisoft will not be liable for reimbursing the price of the Software or for compensation of any other damages.

9. LIMITED WARRANTY

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO ITS CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. TO THE EXTENT PERMITTED BY THE MANDATORY RULES OF APPLICABLE LAW, GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE’S FUNCTIONS.

No advice or information given by Graphisoft employees, its distributors, resellers, agents, or consultants shall constitute a warranty by Graphisoft or extend the warranty in this Agreement. This Agreement and the warranty provided herein may only be modified by a written amendment signed by a duly authorized executive officer of Graphisoft.

In no event shall Graphisoft be liable for any loss or damages whatsoever, including but not limited to loss of data, damages for lost income, business interruption, loss of business information, or other special, incidental, consequential, exemplary, multiple, or indirect damages or other pecuniary loss, arising from the use or misuse of the Software, or otherwise under this Agreement, even if Graphisoft or its employees, resellers, or agents have been advised or should have known of the possibility of such damages. In no event will Graphisoft’s aggregate liability for any breach of this Agreement, use of the Software or otherwise, exceed the amounts actually paid by You to Graphisoft for this copy of the Software, except as otherwise required by applicable statutory law.

You accept and confirm that the price of the Software (if any) or the free of charge provision of the Software and the conditions of this Agreement advantageous to You hereof have been determined in consideration of the above provisions on limited warranty.

10. OWNERSHIP OF LOADED CONTENT, THIRD PARTY MATERIALS, SERVICES

All title, ownership rights, and proprietary rights in and to the information and other content loaded into the Software from any electronic media or Internet by operation of the Software (collectively, "Content") is the property of the applicable Content owner, including, without limitation, supplier, its affiliates, and any Internet Content providers ("Content Providers"). This Agreement does not give You ownership or any other rights with respect to any such Content and Graphisoft does not undertake any liability for any such Content.

You accept that the use of some Graphisoft products and some third-party materials and services included in or accessed through the Software are subject to other terms and conditions found in separate license agreement(s) located at https://graphisoft.com/legal/license-agreements/third-party-software-licenses, which You also accept by accepting the terms and conditions of this Agreement.

You accept that the use of some Graphisoft and some third-party materials, software and services accessed, used with the help of the Software may be subject to other terms and conditions found in separate license agreement(s) not appearing at the link indicated above, for which Graphisoft does not assume any liability. Graphisoft also does not assume any liability for the co-operation of the Software with third party materials, software and services and for the operation, use of third-party materials, software and services.

11. GENERAL CONDITIONS

This Agreement constitutes the full, complete agreement between You and Graphisoft concerning the Software and supersedes all prior agreements and understandings, either written or oral. Unless otherwise communicated to You by Graphisoft in writing, the conditions of this Agreement shall apply to the installation and use of additional functions of the Software and to the repair of the Software’s installation.

If any part or provision of this Agreement is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Agreement shall remain in full force and effect.

The English version of this Agreement will be the governing version used when interpreting or construing this Agreement. Any translations thereof shall exclusively be provided for information purposes without any binding force and in no event shall Graphisoft be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from any incorrect, incomplete translations.

This Agreement and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by the laws of Hungary without regard to the conflicts of law provisions of any jurisdiction.

In the event of any dispute arising from or in connection with this Agreement, especially with its breach, termination, validity or interpretation, the parties (except for consumers) exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be 3 (three) and the language to be used in the arbitral proceedings shall be English. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration.

12. INQUIRIES

All inquiries regarding this Agreement should be directed to

Graphisoft SE Private European Company Limited by Shares

Záhony utca 7.

H-1031 Budapest, Hungary

Phone: (+36.1) 437-3000

Fax: (+36.1) 437-3099

E-mail: [email protected]

Web: https://graphisoft.com