BIMx iOS and visionOS – Terms of Use

Version 3.2: effective as of July 04, 2024

1. Subject of this Agreement

These Terms of Use ("Terms" or "Agreement") are a legally binding agreement between Graphisoft SE Private European Company Limited by Shares, Záhony utca 7. Budapest H-1031 Hungary https://graphisoft.com ("Graphisoft", or "Company") and the person, company or organization ("You") that wishes to download a software product ("Application", or "Software") owned by Graphisoft. The Application is to be obtained only through Apple’s software distribution platform ("App Store") where it’s available free of charge. The App Store is referred to in these Terms as "Services". Please read these Terms carefully before downloading the Application and using the Services.

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 these Terms of Use, You expressly declare and confirm that You have the full power and capacity to represent Yourself, Your employer and/or the entity on behalf of which You are acting (if any). Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.

By accepting these Terms, 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.

2. Conditions of use

The Application (together with upgrades, updates, new versions and fixes) is licensed – not sold – to You, which constitutes a non-exclusive, non-transferable and non-sublicensable license for use only under these Terms. Graphisoft reserves all rights not expressly granted to You.

You agree that You will use the Application exclusively for its intended purpose, and in compliance with all applicable laws and regulations: local, state and national, and international, as applicable. You agree not to use the Services in a fraudulent, disruptive, aggressive, manipulative way, for money laundering, or any other inappropriate or unlawful matter. Graphisoft reserves the right, but has no obligation, to investigate Your use of the Application for compliance with appropriate use and terminate Your access to the Services, or in order to comply with law, regulation, legal process or government request.

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.

Graphisoft reserves the right to make changes and updates to the Application at any time without prior notice to You.

Your license to the Software terminates if Graphisoft, at any time and for any reason, including to address competitive demands, respond 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.

3. Premium functionalities

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

The Application 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 free and premium features of the Application are described on the Software’s App Store Product Page: https://apps.apple.com/app/bimx/id452706864

You are required to sign in with Your Graphisoft ID to use all the functionalities of the Application. 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 Collaborate
    • 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 and Issue creation in Hyper-models exported from the same Archicad project shared on BIMcloud. Other Pro features, such as BIMx API access is not enabled with 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 sen to You.

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

4. Support

We offer support through our support channels. If You have issues with accessing BIMx Pro features, please write to us at bimx@graphisoft.com or contact Graphisoft’s local support representative at https://graphisoft.com/contact-us. We will usually respond to You within 3 (three) business days, however Graphisoft does not guarantee any fixed reaction time and definite solution for Your issue.

5. Warranties, Limitation of liability

5.1. Graphisoft hereby warrants regarding the Application that (i) it owns or holds the necessary rights to perform this Agreement, (ii) it has and will maintain the full power and authority to grant the right to use the Application without the further consent of a third party; and (iii) the Application will be delivered in a reasonable manner applicable to industry standards.

5.2. LIMITED WARRANTIES. THE EXPLICIT WARRANTIES STATED IN SECTION 5.1. ARE GRAPHISOFT’S SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE APPLICATION AND OTHER MATERIALS DELIVERED OR OTHERWISE FURNISHED BY GRAPHISOFT UNDER THIS AGREEMENT. GRAPHISOFT DOES NOT WARRANT THAT THE APPLICATION, OR ANY OTHER MATERIALS WILL MEET YOUR REQUIREMENTS, BE FREE FROM MALWARE OR OPERATE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT PERITTED BY THE MANDATORY RULES OF APPLICABLE LAW, GRAPHISOFT HEREBY DISCLAIMS ALL OTHER WARRANTIES EITHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AGAINST NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THESE EXCLUSIONS MAY NOT APPLY TO CUSTOMER AS SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

5.3. Exclusive Remedy. The entire liability of Graphisoft and the sole and exclusive remedy shall be, in Graphisoft’s sole and absolute discretion, (i) to advise You how to achieve the same functionality with the Application or (ii) to re-provide the Application or the defective part thereof, where written notice of such breach, specifying the defect, is furnished to Graphisoft as required by the applicable rules of law.

5.4. NOTHING IN THIS AGREEMENT (OR ANY APPENDICES THEREOF) SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED WILFULLY OR BY ITS GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY MANDATORY RULES OF APPLICABLE LAW.

5.5. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 5., GRAPHISOFT’S LIABILITY FOR DAMAGES WILL BE SUBJECT TO A TOTAL AGGREGATE LIABILITY CAP OF 1 (ONE) TIME THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER TO GRAPHISOFT IN THE 12 (TWELVE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. GRAPHISOFT’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE 12 (TWELVE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

5.6. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 5., IN NO EVENT WILL GRAPHISOFT, OR THEIR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS, SERVICE PARTNERS BE LIABLE TO THE CUSTOMER OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY LOSS OF REVENUE OR PROFITS (IN EACH CASE WHETHER ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF THE APPLICABLE COURSE OF ACTION), LOSS OF USE, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS PREVIOUSLY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.7. THE LIMITATIONS STATED IN SECTION 5. SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

5.8. With the exception of gross negligence and willful acts, Graphisoft will not under any circumstance be liable to You or to any third-party, whether under the laws of tort, negligence, contract or otherwise/for any direct, indirect, incidental, special or consequential damages, or damages whatsoever resulting from loss of profits, revenues, savings data or Content, or inability to use, however caused, arising out of, resulting from or in conjunction with

  1. the performance or non-performance of this Agreement, the Application and the Support Services,
  2. Your access to, or use of, or uploading of Content or downloading through the use of the Application, or
  3. infringement of intellectual property rights of a third person or unauthorized right use of personal data by a user including, without limitation, uploading the Content to other websites.

6. Indemnity

As a condition of use of the Application, You 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 Application, including without limitation any claims alleging facts that if true would constitute a breach by You of these terms and conditions.

7. Personal information

The user’s privacy is very important for Graphisoft. Graphisoft designed its Privacy Policy (https://graphisoft.com/legal/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.

7.1. For iOS (including iPadOS) platform

Customer Experience Program (CEIP)

  • The Application 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’s App Center and Application Insights
    (https://privacy.microsoft.com/en-us/privacystatement)
  • Data sent to Microsoft 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 privacy@graphisoft.com, 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 date of data collection.

Issue creation

  • You have the option to create issues (related to the project documentation) by using the Issue creation function in the Software. To use this function, sign in with Your Graphisoft ID is mandatory.
  • When an issue is created, the issue retains the first name, last name and email address of the issue creator.
  • An issue can be either submitted to Archicad via BIMcloud or extracted to a separate file and then shared via email or other methods.
  • Personal data (first name, last name, email address) within the issue is disclosed to the recipients of the issue; Graphisoft has no access to the issues and to the personal data within.
  • Graphisoft processes personal data only when authenticates Your Graphisoft ID.
  • Legal base of data processing is the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to authenticate the user.
  • 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.

7.2. For visionOS

Graphisoft ID login:

  • When User signs to BIMx, then the User’s Graphisoft ID (first name, last name, email address) together with certain technical data (e.g. timestamp, city/country location) need to be provided to verify the eligibility for the service. No other personal data is transferred to Graphisoft or other parties.
  • Graphisoft processes personal data only when authenticates Your Graphisoft ID.
  • The collected data is pseudonymous.
  • Legal base of data processing: if the Customer is an entity, then the contact data are processed based on the legitimate interest of Graphisoft (point f. of Article 6(1) GDPR), while if the Customer is a natural person the legal base is the performance of a contract to which the data subject is party (point b. of Article 6(1) GDPR).
  • Duration of data processing: as long as it is necessary to reach the data processing purposes.

Issue creation

  • You have the option to create issues (related to the project documentation) by using the Issue creation function in the Software. To use this function, sign in with Your Graphisoft ID is mandatory.
  • When an issue is created, the issue retains the first name, last name and email address of the issue creator.
  • An issue can be either submitted to Archicad via BIMcloud or extracted to a separate file and then shared via email or other methods.
  • Personal data (first name, last name, email address) within the issue is disclosed to the recipients of the issue; Graphisoft has no access to the issues and to the personal data within.
  • Graphisoft processes personal data only when authenticates Your Graphisoft ID.
  • Legal base of data processing is the legitimate interest of Graphisoft under point f. of Article 6(1) GDPR, which is to authenticate the user.
  • 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.

8. Restrictions

You shall not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Application, 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 Application for any purpose whatsoever.

You shall not unlock or otherwise attempt to discover the source code or underlying algorithms of the Application or attempt to do any of the foregoing in relation to the object code of the Software.

You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Application, and from merging the Application into any other software.

You shall not transfer the Application to any other computer or person. You are expressly prohibited from distributing, providing access to or commercializing the Application or any of its components either alone or as part of another product or service. Any attempt to do so will be void and may also disable Your continued use of the Application.

In case of infringement of any provisions of this chapter, You expressly acknowledge that it constitutes material breach of this Terms of Use, giving the right to Graphisoft to immediately terminate this Terms of Use, and 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 Terms of Use.

9. Law and arbitration

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.

10. Intellectual property/trademark information

The trademarks and other intellectual property owned by Graphisoft and by third parties available in the framework of the Services 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 Services 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, DDScad, BIMcloud, and BIMx are registered trademarks of Graphisoft SE or its affiliates. Unless otherwise specified, the following notice applies to all Contents of this Site: Copyright © 2024 Graphisoft. Graphisoft Park 1, H-1031 Budapest, Hungary. All rights reserved worldwide.

11. Language

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.

12. Inquiries

All inquiries regarding this Terms of Use 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: mail@graphisoft.com

Web: https://graphisoft.com