BIMx Model Transfer Service – Terms of Use

Version 2.0: effective as of 15th February, 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 “TOU”) 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.

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, Graphisoft ID Terms of Use and Privacy Policy.

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 all functions of this Service (except for visitor functions), you have to possess a valid Graphisoft ID. Functional levels of the Service are described in the Service Functional Levels paragraph.

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, threatening, inflammatory, libelous 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 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 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.

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, 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.

Service Functional Levels

At the time of publishing this Terms of Use Graphisoft offers the Service at the following levels, each consisting of in particular-but-not-limited to the following functions:

1. Visitor functions – enabled without signing in with a Graphisoft ID account in the browser interface:

  • Browse, view, download, and share public models
  • Access Private and Private (password-protected) models in case the model has been shared with you
  • Update already imported models in BIMx Mobile applications via BIMx Model Transfer Service

2. Basic functions – enabled for every user signed in with a Graphisoft ID account.

Functions in addition to the visitor level both in the browser interface and Archicad:

  • Publishing models with Public visibility to 5 GB storage (“My models”) of the Graphisoft ID account. Publishing models from Archicad is available for users running Archicad in
    • Commercial Mode, or
    • Education Mode as long as the license is valid, or
    • Trial Mode for 30 days after first launching Archicad

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

3. Company functions – enabled if the Graphisoft ID account is a member of a Company Graphisoft ID without an active SSA, or Forward Agreement, or Archicad Subscription.

Functions in addition to the basic level both in the browser interface and Archicad:

  • Publish models with Public visibility to 5GB of company storage shared by all the members of the Company Graphisoft ID

4. All functions - enabled if the Graphisoft ID account is a member of a Company Graphisoft ID that holds at least one active SSA, or Forward Agreement, or Archicad Subscription.

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 GB company storage shared by all the members of the Company Graphisoft ID

Functions in addition to the company level in the browser interface:

  • Change already published models’ visibility (Public/Private/Private (password-protected))
  • Embed model in own website

Education and Trial Modes may be upgraded to Commercial by purchasing a Commercial license of Archicad either from the local Graphisoft Partner, entity or from Graphisoft Store.
Publishing BIMx models to BIMx Model Transfer site from Archicad running in Commercial Mode requires creating a Company Graphisoft ID if the Archicad license is not connected to a Company Graphisoft ID at the time of the first publishing.
Publishing BIMx models from Archicad running in Commercial Mode might be an SSA-only function in certain Archicad localized versions (at the time of publishing this document for example, JPN and CHE).
Archicad Subscription is a type of Commercial license that enables all functions of the Service as long as the Archicad Subscription is active.
Read more about Subscription benefits here, and about Forward benefits here, and check the Graphisoft ID FAQ here.

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 Archicad Software Service Agreement or Graphisoft Forward Agreement or Archicad Subscription expires. Models embedded to third party sites (including your own website) will not be accessible anymore. 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 starting to use the Service you acknowledge that Graphisoft reserves the right to modify the Service’s storage limits and conditions at any time.

Disclaimer

Taking into account the free of charge of the provision of the Service, 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, 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.

Intellectual property/trademark information

The trademarks and other intellectual property owned by Graphisoftand 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 © 2023 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 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 (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 to interconnect the data coming from the same User to make statistically correct conclusions about Software usage.
  • The report is pseudonymous, meaning that it is not possible to identify You, unless You provide identification data (session's time stamp, country and city of the user) to Graphisoft with which Graphisoft can identify You.
  • Purpose of the data processing: collect feedback and assess on how You use the Service, its functionalities, new features, malfunctions in order to improve the software and create solutions to common problems.
  • CEIP 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 need to provide your identification to 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 Service, but maximum for five (5) years period of time from the data collection date.

* 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 End User of the Product, 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 have either been processed unlawfully or are 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 those data to another controller. If you consider that the processing of your personal data by Graphisoft infringed the GDPR, please contact us first at [email protected]; Graphisoft SE Business Compliance 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 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.

Law and arbitration

The validity, interpretation and performance of these 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 Terms of Use.

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.

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

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://www.graphisoft.com