These Terms of Use (“Terms” or “Agreement”) are a legally binding agreement between Graphisoft SE (“Graphisoft”, “Company”) and the person, company or organization (“You”) that wishes to download a software product (“Application”) owned by Graphisoft. The Application is to be obtained only through Apple’s software distribution platform (“App Store” and “in-app purchase”). 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.
Conditions of use
The Application is licensed – not sold – to You, 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.
We detail the capabilities of the Application on its App Store Product Page:
https://apps.apple.com/us/app/bimx/id452706864
Paid subscriptions
The Application is currently available in a freemium model and offers free functionalities along with paid functionalities. Graphisoft offers multiple subscription options, which can be reviewed by You through the in-app pricing page in the Application.
Some users may have access to purchasing “BIMx PRO,” a paid monthly or annual subscription that may include several extra features such 3D model streaming, BIMx API access, saving Favorites and other additional features or services. Subscription features are subject to change.
Graphisoft reserves the right to offer or refuse BIMX PRO subscriptions for any reason at our sole discretion.
Payment terms
Payments for BIMx PRO are managed through the App Store.
The price at which BIMx PRO is offered may vary due to date of subscription, country, local taxes and regulations, promotions, and Graphisoft reserves the right to change the price at its sole discretion.
The subscription fees listed will be billed at the beginning of your subscription and subsequently at the renewal date, dependent on the subscription option selected at initial purchase.
BIMx PRO subscriptions begin with a 2-week free trial period. After the 2-week free trial, your Apple ID account will be charged and renewed automatically, unless the subscription is cancelled at least 24 hours before the end of the trial period.
BIMx PRO subscriptions will automatically renew after the paid subscription period expires and each renewal date unless cancelled 24 hours before the end of the current billing period. Your Apple ID will be charged for renewal within 24-hours prior to the end of the current period.
Auto-renewal may be turned off by going to your Apple ID’s subscription settings after purchase.
Support
We offer support through our support channels. If you have issues with our BIMx PRO subscription or would like to request a refund, please write us at bimx@graphisoft.com (we reserve the right to offer or refuse refunds at our sole discretion). We will usually get back to you within 3 business days.
Disclaimer
Except where expressly provided otherwise in a written agreement between you and Graphisoft, this Application, and all content, materials, information, software, products and services provided in the Application, 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 Application will meet your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that this site is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you through the Application will meet your expectations.
Any content, materials, information obtained through the use of the Application is done at your own discretion and risk. Graphisoft 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 Application at any time without notice.
Limitation of liability
In no event shall Graphisoft be liable 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, the Application.
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.
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. By accepting these 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.
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, and BIMx are registered trademarks of Graphisoft SE. All rights reserved worldwide.
Contact
If you have any questions regarding these Terms of Use, please contact us at bimx@graphisoft.com.
Copyright © 2020 GRAPHISOFT SE. Graphisoft Park 1, H-1031 Budapest, Hungary. All rights reserved worldwide.