BIMx Model Transfer Service – Terms of Use
Version 3.0: effective as of September 27, 2023
IMPORTANT
PLEASE READ THIS AGREEMENT CAREFULLY. BY STARTING TO USE THE SERVICE DEFINED BELOW, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT BIMX MODEL TRANSFER SERVICE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") INCLUDING THE LIMITED WARRANTY, PERSONAL DATA HANDLING AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER (IF ANY) AND ANY AUTHORIZED USERS WHETHER OR NOT EACH SUCH AUTHORIZED USER INDICATES THEIR INDIVIDUAL ACCEPTANCE.
1. 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 ("You"), subject to the terms and conditions set forth in this Terms of Use. These terms and conditions are to be applied together with other legal documents, such as Graphisoft’s Terms of Use, Graphisoft ID Terms of Use and Privacy Policy.
By utilizing the Service in any way, 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 to You. 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.
2. 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 all functions of this Service (except for visitor functions), You are required to possess a valid Graphisoft ID and sign in by using Your Graphisoft ID as required by Graphisoft. Functional levels of the Service are described in Section 5. (Service Functional Levels) hereinafter.
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 (i) is false or misleading; (ii) is offensive or obscene; (iii) s harassing, threatening, inflammatory, libelous or invades another person’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) infringes on another’s rights, including but not limited to intellectual property rights; (v) constitutes unsolicited bulk email, i.e. spamming; or violates any applicable laws or regulations; (vi) furthermore, it does not contain any personal information or data of a third-party.
You understand and accept that Your posts, ideas, contents may be used by Graphisoft. 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 a 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 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.
Your license to the Service 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 Service or ceases to provide by sale or other means. On the designated date for a service/product End-of-Life, Graphisoft will no longer provide: (i) Technical Support; (ii) Updates; and/or (iii) support services ("End-of-Life"). For any Service, 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. 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 (i) You have a good faith belief that the use of the Content is not authorized by the copyright owner, (ii) 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.
4. 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 (for example in total and/or in a time frame, 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. In order to avoid any loss of data and ensure data security, Graphisoft strongly recommends creating offline backups of Your Content.
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.
5. Service Functional Levels
At the time of publishing this Terms of Use Graphisoft offers the Service at the following 4 (four) levels, each consisting of, in particular but not limited, to the following functions:
5.1. Visitor functions – enabled, without signing in with Your Graphisoft ID, in the browser interface:
(i) Browse, view, download, and share public models;
(ii) Access Private and Private (password-protected) models in case the model has been shared with You;
(iii) Update already imported models in BIMx Mobile applications via BIMx Model Transfer Service.
5.2. Basic functions – enabled if You are signed in with Your Graphisoft ID.
Functions in addition to the Visitor level both in the browser interface and Archicad:
(i) Publishing models with public visibility to 5 (five) GB storage ("My models") of the Graphisoft ID. Publishing models from Archicad is available for users running Archicad in
- Commercial Mode, or
- Education Mode for as long as the license is valid, or
- Trial Mode for 30 days after first launching Archicad.
(ii) Functions, in addition to the Visitor level in the browser interface:
- Delete models;
- Add/edit model description and keywords;
- Create/rename/delete folders;
- Move models to another folder.
5.3. Company functions – enabled if Your Graphisoft ID is a member of a Graphisoft ID Company, without any active Service Contract or Subscription.
Functions, in addition to the Basic level, both in the browser interface and Archicad:
(i) Publish models with public visibility to 5 (five) GB of company storage, which storage capacity is shared by all the members of the Graphisoft ID Company.
5.4. Premium functions – Enabled, if Your Graphisoft ID is assigned to a Graphisoft ID Company, that owns at least one of the followings:
- Service Contract subscriptions:
- Software Service Agreement (SSA) for Archicad
- Graphisoft Forward
- 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.
(i) Functions, in addition to the Company level, both in the browser interface and Archicad:
- Publish models with Private or Private (password protected) visibility to 10 (ten) GB company storage shared by all the members of the Graphisoft ID Company.
(ii) Functions, in addition to the Company level, in the browser interface only:
- Change the visibility of already published models (Public/Private/Private (password-protected));
- Embed model in Your own website.
5.5. Education and Trial Modes may be upgraded to Commercial by purchasing either a Commercial license of Archicad from a Graphisoft Partner or a Subscription containing Archicad from Graphisoft Web shops.
5.6. Publishing BIMx models to BIMx Model Transfer site from Archicad, running in Commercial Mode, requires creating a Graphisoft ID Company if the Archicad license is not connected to a Graphisoft ID Company at the time of the first publishing.
5.7. Publishing BIMx models from Archicad running in Commercial Mode might be an SSA/Graphisoft Forward-only function in certain Archicad localized versions (at the time of publishing this document for example, JPN and CHE language versions).
5.8. Archicad Solo and Archicad Collaborate Subscriptions are a type of commercial license that enables the Premium functions of the Service, as long as the relevant Subscription is active.
5.9 Read more about Subscription benefits here, and about Graphisoft Forward benefits here, and check the Graphisoft ID FAQ here.
5.10. You agree that upon Your infringing use of the Service, Graphisoft may remove models at its own discretion and without any prior notice from the BIMx Model Transfer site. You also agree that Graphisoft is entitled to remove Your models stored on the private BIMx Model Transfer site if Your Service Contract or Subscription expires. Models embedded to third-party sites (including Your own website) will not be accessible anymore. In such an 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.
5.11. By starting to use the Service, You acknowledge that Graphisoft reserves the right to modify the Service’s storage limits and conditions at any time.
6. Warranties, Limitation of liability
6.1. Graphisoft hereby warrants regarding the Service 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 Service without the further consent of a third-party; and (iii) the Service will be delivered in a reasonable manner applicable to industry standards.
6.2. LIMITED WARRANTIES. THE EXPLICIT WARRANTIES STATED IN SECTION 6.1. ARE GRAPHISOFT’S SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE SERVICE AND OTHER MATERIALS DELIVERED OR OTHERWISE FURNISHED BY GRAPHISOFT UNDER THIS AGREEMENT. GRAPHISOFT DOES NOT WARRANT THAT THE SERVICE, 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.
6.3. 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 Service or (ii) to re-provide the Service 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.
6.4. 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.
6.5. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 6., 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.
6.6. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 6., 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.
6.7. THE LIMITATIONS STATED IN THIS SECTION 6. 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.
6.8. 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
(i) the performance or non-performance of this Agreement, the Service and the Support Services,
(ii) Your access to, or use of, or uploading of Content or downloading through the use of the Service, or
(iii) 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.
7. Indemnity
As a condition of use of the Service, You, the end user, shall indemnify and hold harmless 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.
8. 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 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, DDScad, BIMcloud and BIMx are trademarks of Graphisoft SE or its affiliates. Unless otherwise specified, the following notice applies to all Contents of this Site: Copyright © 2023 Graphisoft SE. Záhony u. 7., H-1031 Budapest, Hungary. All rights reserved worldwide.
9. 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 Terms of Use, You also accept our Privacy Policy.
* Pursuant to the applicable law in force concerning the protection of personal data, by entering into this Agreement You accept that Your personal data (including those Technical Data collected and used by the TPM system) will be collected and processed by Graphisoft for the purposes related to the execution of this Agreement, including the fulfillment of Your obligations, such as those related to Graphisoft's intellectual property rights.
* In line with the above in particular the following data processing take place under the respective terms and conditions:
Customer Experience Improvement Program ("CEIP")
* The Service collects data on the time, frequency of use of each BIMx Web Viewer Software function; hardware, software, product information and some personal identification data (e.g., Google Analytics App-instance ID, City and Country of user) and sends it to Graphisoft.
* The report 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.
* Purpose of the data processing: collect feedback and assess on how You use the Service, its functionalities, new features, and potential malfunctions in order to improve the Service and attempting devising solutions to commonly occurring problems.
* CEIP 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 Service 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 Service, but maximum for 5 (five) years from the date of data collection.
* You expressly acknowledge that Your personal data processed under this Agreement will be processed, either manually or with the help of electronic or automated means, in such a way as to minimize, by means of suitable security measures, the risk of unauthorized access or disclosure of Your data. Your personal data will be processed during the term of this Agreement in relation to its purposes. For the above purposes Your personal data can be disclosed to third parties (service providers, consultants, collaborators, a list of which is available from within the Privacy Policy), either to other EEA or third countries, pursuant to the scope of this Agreement and any applicable law. In the event of any data transfers to third countries, Graphisoft always uses suitable safeguards (such as the standard contractual clauses adopted by the European Commission) to ensure the adequate protection of personal data. Graphisoft reserves the right to disclose Your personal data to the competent legal authority if required to do so to enforce or defend its rights or legitimate interests before civil and criminal courts, regulatory bodies, or to execute an order of the competent judicial or regulatory authority. As user of the Service, You have the right to access the personal data processed by Graphisoft, to obtain the updating or rectification of such data. You also have the right to obtain the erasure of any personal data if, for instance, such data has either been processed unlawfully or is no longer necessary for the purposes for which they were collected or otherwise processed. In certain cases, such as when the processing is unlawful and You oppose the erasure of Your data, You have the right to obtain from Graphisoft the restriction of processing. You also have the right to receive the personal data concerning You, which You provided to Graphisoft, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller. If You consider that the processing of Your personal data by Graphisoft infringed the GDPR, please contact us first at Graphisoft SE BusinessCompliance Manager; Záhony utca 7. Budapest, H-1031 Hungary so we can remedy the issue. Of course, in such cases You also have the right to lodge a complaint with the Hungarian Data Protection and Freedom of Information Authority (http://naih.hu/general-information.html) or another data protection supervisory authority, in particular in the European Union Member State of Your habitual residence, place of work or place of the alleged infringement.
* The detailed rules regarding the various rights and obligations related to Graphisoft's data collection, use, transfer, handling, processing, including Your subject access rights and rights to legal redress, are set forth in the Privacy Policy constituting an inseparable part of this Agreement available at https://graphisoft.com/legal/privacy-policy.
10. 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.
11. Language and Notices
The English version of this Terms of Use 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 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: mail@graphisoft.com