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Terms and Conditions


April 9, 2016

PRELIMINARY REMARKS

This Contract is a legally-binding agreement between the user and Construction Virtuelle et Technologie BIM One inc. (hereinafter "BIM One") with respect to the collaborative working platform and BIM Track™ (collectively referred to hereinafter as "BIM Track™").

For the purposes of this Contract, the term "use" means navigating on BIM Tract™, accessing or copying any or all of its resources, using its resources in any other manner, searching or uploading data, as well as using, uploading or installing BIM Track™ on your servers. Even after uploading BIM Track™ on your servers, you remain bound by this Contract.

CAREFULLY READ THE TERMS OF THIS CONTRACT BEFORE USING BIM TRACK™. IF YOU DO NOT WISH TO BE BOUND BY THIS CONTRACT, DO NOT USE BIM TRACK™.

The terms and conditions of this Contract can be modified at any time and will come into force automatically.

  • ACCEPTANCE OF TERMS OF SERVICE

    By using BIM Track™, you agree to be bound by the terms and conditions of this Contract for however long you use BIM Track™ (hereinafter "this Contract"). You agree to be bound personally by this Contract as well as jointly and severally with the entity on whose behalf you are authorized to act (such as an employer or your business). You declare and warrant that you have the right, power and authority to act on your behalf and on behalf of the entity and, where applicable, to bind said entity to the terms and conditions of this Contract. BIM One reserves the right, at its sole discretion and without advance notification, to update, modify, add or remove any provision in this Contract. If and when any such change is made, BIM One will post the latest version of this Contract on BIM Track™ and indicate at the top of the page the date on which the Contract was revised.

  • BIM TRACK™ MISSION

    BIM Track™ is a web-based collaborative platform which empowers your team with better coordination workflows. BIM Track™ provides a central hub for all coordination information from design to construction. With information at your fingertips, you can access your data anytime, anywhere, either from a mobile device or desktop. Charts and graphics help understand data and your management performance through precise metrics. We promote OpenBIM™ workflow solutions by supporting IFC (Industry Foundation Classes) and BCF (BIM Collaboration Format).

  • USER CATEGORIES

    The BIM Track™ domain manager can invite users to work in collaboration with him on one or several projects. The maximum number of users is set by his subscription level. There are four (4) categories of users: domain admin, project admin, project editor and project viewer. The domain manager can administer the user account and the domain. The project manager can make changes to projects and assign user to project. The editor can make any change to a project while the viewer is only permitted to view it.

  • SERVICES OFFERED

    BIM One offers different subscription levels depending on the number of users who will be given access to BIM Track™, the platform’s features and the number of projects authorized on your BIM Track™ account. BIM Track™ agrees to provide the features, the data storage for the indicated number of projects, and the number of user accesses as per the package selected at the time of subscription. Users remain responsible for the choices they make when using BIM Track™. It is understood that, at all times, the user is responsible for validating all plans prior to the construction of any building and ensuring that such plans are in compliance with all quality and safety standards then in effect.

  • SUBSCRIPTION AND PAYMENT TERMS

    • Subscription

      You can opt for a subscription of one (1) month or (1) year. By adhering to the subscription of a duration of (1) year you benefit you’ll get the equivalent of a month of discount on the regular price. The subscription period for a package begins on the date the subscription is taken and ends at the expiration of chosen period. The subscription is automatically renewed for the duration of the contract unless a notice of cancellation of this Contract is sent by the user thirty (30) days prior to the end of the subscription period. In the absence of renewal, this Contract will be cancelled and access to certain features will be suspended in accordance with the provisions of this Contract.

    • Currency and Subscription Fees

      BIM One’s subscription fees are indicated and charged in U.S. dollars, besides the applicable taxes. BIM One reserves the right to change its prices at any time. Its services will always be billed on the basis of the rates in effect when the subscription order was received or when the renewals were made.

    • Payment

      The payment of the annual subscription is taken during the registration. For the monthly subscriptions, the first payments is taken during the registration and after automatically, each month at the same date. Every payment processed via the Stripe payment gateway. BIM One is not responsible for payment problems arising from any failure of the payment gateway. BIM One reserves the right to modify its online transaction procedures or use other providers to perform the service.

  • ACCOUNT, ACCESS AND PASSWORD

    Each user is responsible for guarding the confidentiality of his password. BIM One cannot be held liable for any unauthorized use of your account. If ever the confidentiality of such information is compromised, please notify BIM One as quickly as possible to avoid any potential fraudulent use of your account.

  • NETWORK SECURITY AND EFFICIENTY

    BIM One does not guarantee the network is completely efficient and secure. It is possible that a hacker might succeed in breaking into the server. Therefore, before navigating and/or transacting on BIM Track™, users must bear in mind that a malicious individual could gain access to BIM Track™’s servers and use for his own ends the information left by users on BIM Track™. UNDER NO CIRCUMSTANCES can BIM One or any of its officers, executives, employees, agents, representatives or mandataries be held liable for any acts of computer piracy or be blamed for any damage or loss that such acts might cause to a user. BIM Track™ might suffer occasional breakdowns, and programming errors might be caused by updates or other events beyond the control of administrators. No officer, executive, employee, agent, representative or mandatary can be held responsible if a user is unable to browse on BIM Track™, irrespective of the reason preventing the user from doing so (misunderstanding, defective phone line, incompatible modem, broken cable, improper configuration, incorrect browser, etc.).

  • ADD-INS

    BIM Track™ enables you to upload IFC (Industry Foundation Classes) and BCF (BIM Collaboration Format) files as well as add-ins that allow you to upload content from other platforms such as Navisworks, Revit, etc. (hereinafter "External Content"). BIM One has no means of controlling External Contents and is not responsible for such contents. BIM One does not endorse nor approve any External Content that is uploaded and made accessible to users on BIM Track™. In addition, BIM One disclaims any responsibility or warranty with respect to the use of such content. Accessing External Content through BIM Track™ is the sole responsibility of the user who assumes any and all risks associated with its use.

  • INTELLECTUAL PROPERTY

    BIM Track™ enables users to access information, files, data, images, photographs, and other content that are specific to BIM Track™. All of BIM Track™’s content (texts, illustrations, plans, models, styles, photographs, images and other materials) is the exclusive property of BIM One and is protected by copyright and intellectual property rights worldwide. Any copying, in whole or in part, of BIM Track™’s content is strictly prohibited. You cannot modify, copy, distribute, transmit, broadcast, represent, reproduce, publish, sub-license, transfer or sell any information, software, product or service obtained from BIM Track™, or create works derived from the materials cited hereinabove. All content (texts, illustrations, plans, models, styles, photographs, images and other materials) associated with projects carried out by BIM Track™ users is the property of the project manager. Any user invited on a project hereby assigns to the project manager all intellectual property rights related to any work he creates during the execution of a project on BIM Track™ including, but not limited to, ideas, comments, solutions, modifications, plans, photographs, documents or any other material subject to intellectual property that he creates during the course of his use of BIM Track™.

  • USER LICENSE

    BIM One grants the user a non-exclusive, non-transferable, non-sublicensable license to use BIM Track™ exclusively on any computer, device or operating system specified herein for internal purposes and not for resale. The user acknowledges and agrees that all property rights, including all intellectual property rights directly or indirectly linked to BIM Track™, are and remain the exclusive property of BIM One. Consequently, the only rights granted to the user pursuant to this Contract are those granted under license. The exercise by the user of the rights stipulated in this Contract cannot be interpreted as having the effect of granting or transferring to the user any right, title or interest in the intellectual property rights linked to BIM Track™. Without limiting the generality of the preceding, it is understood that BIM One is and remains the sole owner of the following: (i) BIM Track™’s source code and object code; (ii) every corrected or updated version of BIM Track™; (iii) every new, augmented or improved version of BIM Track™; (iv) every error correction, bug correction, program correction or update related to BIM Track™; (v) all documentation related to BIM Track™ and its operating system, regardless of the documentation’s form or support. The license described in this Contract is granted to the user for as long as he pays his subscription fees, except if his account is suspended or removed in accordance with the terms and conditions of this Contract. Thereafter, only the account manager can have access to the data in the account for a period of twelve (12) months following the termination of this Contract. The user is authorized to make a duplicate of BIM Track™ for the sole purpose of securing a backup copy of BIM Track™. Any other representation or reproduction, in whole or in part, of BIM Track™, of publications or of any other document, without prior written consent from BIM One is unlawful. The resulting representation or reproduction, by whatever process known or unknown at this time, would constitute a counterfeit. The user must refrain from modifying, altering, or revising BIM Track™ in any form without the written consent of BIM One. In particular, he cannot, for any reason, decompile, disassemble, translate or decode BIM Track™ in whole or in part. The user must take all steps necessary to ensure that any person with access to BIM Track™ is informed of and in compliance with the obligations imposed by this Contract. As soon as he learns of any unauthorized use of BIM Track™, he must work with BIM One to remedy the breach as effectively as possible.

  • USING ONLINE COMMUNICATION SERVICES

    You are wholly responsible for the content that you upload, use or publish through BIM Track™ as well as any repercussions arising from the use of such content. BIM One cannot, under any circumstances, be held liable for any action undertaken by a user.

  • SUSPENSION OF YOUR ACCOUNT

    BIM One reserves the right to permanently suspend, without notification or delay, any account that fails to comply with the terms and conditions of this Contract. Any account created to replace a suspended account will also be permanently suspended. In addition, if your account is inactive for more than twelve (12) months, BIM One reserves the right to suspend it after having given you a thirty-day (30) notice. If you believe that your account was suspended without just cause, you may contact the BIM One team. In the event your account is suspended or after this Contract is terminated, the account manager will have access for a period of twelve (12) months to the data in his account and his projects. However, the projects themselves will become inactive and only the data will be retrievable during this period. At the expiration of the twelve-month (12) period, all the data in the account will be deleted and no liability will be assignable to BIM One for any damage incurred by the user as a result of the deletion. In the event your account is suspended or at such time when this Contract is terminated, users of the account, with the exception of the account manager, will thereafter no longer have the right of access they enjoyed under their subscription package. Free access might be available depending on the number of account users and the terms and conditions of the subscription plan then in effect.

  • NEWSLETTER AND OTHER FORMS OF COMMUNICATION FROM BIM ONE

    By authorizing BIM One to communicate with you by email, you consent to BIM One sending you all relevant information regarding the use of its products and services, announcements of new products, special offers, etc. You can unsubscribe from the BIM One’s mailing list at any time. However, for as long as you remain a user of BIM Track™, BIM One will nonetheless send you information related to the use of its product. To stop receiving this information, you can close your account by following the required procedure.

  • USER COMPLIANCE WITH THE LAW

    As a user of BIM Track™’s services, you can send messages to third parties as well as invitations to participate in projects. At all times, the user is responsible for ensuring that he has the required authorizations to communicate with the above third parties by email. The user undertakes to comply with all provisions of the law regarding communications by email. The user holds BIM One harmless from any liability arising from any communication that would be contrary to the law.

  • LIMITATION OF LIABILITY

    AT NO TIME CAN BIM ONE, ITS OFFICERS, EXECUTIVES, EMPLOYEES, AGENTS, REPRESENTATIVES OR MANDATARIES BE HELD LIABLE FOR ANY CLAIM OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF BIM TRACK™, THE SERVICES PROVIDED BY BIM TRACK™, THE INFORMATION CONTAINED ON BIM TRACK™, OR THE INTERPRETAION OF THIS CONTRACT.

  • INDEMNITY

    You hereby agree to take up the defense of BIM One in the event that legal proceedings are instituted against it as a result of a breach of this Contract by you or by any other user authorized by you to access BIM Track™.

  • FORCE MAJEURE

    Without limiting the generality of the preceding, BIM One cannot be held liable for the non-performance, in whole or in part, of any of its obligations toward the user, nor for damages or losses you could incur if the non-performance, the damages or the losses are the result of force majeure or circumstances beyond its control.

  • APPLICABLE LAW

    This terms of service Contract is governed by the laws applicable in the Province of Québec, Canada. You hereby acknowledge that any dispute arising from or related to the use of BIM Track™ or this Contract will be submitted to the jurisdiction of the Judicial District of Québec, Province of Québec, Canada.

  • ARBITRATION

    Notwithstanding the section hereinabove on the Applicable Law, any dispute related to this Contract that cannot be settled through negotiation between the parties or their representatives will be submitted to arbitration in accordance with the provisions of the Code of Civil Procedure of Québec, Canada.