Terms of Service

Effective Date: 01/05/2025

TERMS & CONDITIONS (v2025.1)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING BIMEFY SERVICES OR SOFTWARE. BY ACCESSING OR USING OUR PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR PLATFORM OR SERVICES.

10.1 Key Terms Overview (Professional Services and Platform Use)

Welcome to Bimefy! Here's a quick summary of our Terms and Conditions:

Platform Usage:

• You are granted a license to use the Bimefy Platform for BIM collaboration and project management.
• You remain the owner of your uploaded data but grant Bimefy the right to host and display it.
• Subscriptions automatically renew unless canceled one month before renewal.

Professional Services:

• Bimefy acts solely as BIM coordinator/modeler, providing advisory and coordination services, not construction execution or site supervision.
• Services start after receipt of final approved studies from the customer's architects and engineers.
• Interim and final models must be approved in writing within eight (8) days; approval releases Bimefy from further responsibility.
• A clearly defined project team (architects, engineers) must be assigned by the customer.

Excluded Services:

• No site safety coordination, EPB reporting, engineering studies, direct construction supervision, budget control, buyer assistance, or as-built verification.

Payments:

• Invoices are due within 30 days.
• Additional services or changes outside the original agreement will be billed separately.
• Professional services canceled early incur payment for work done plus a 20% cancellation fee.

Liability:

• Bimefy's maximum liability is capped at EUR 10,000 or the amount paid in the last 12 months, whichever is lower.
• No liability for indirect damages, lost profits, delays, or third-party errors.
• Claims must be made within six (6) months of the event.

Other Important Terms:

• Bimefy retains intellectual property rights over models and deliverables unless otherwise agreed.
• No employment relationship is created.
• Belgian law applies; disputes are resolved in Leuven or Hasselt.

10.2 Definitions

• Platform: The online SaaS platform offered by Bimefy BV, including all software, services, and features, licensed to you, not sold.
• Professional Services: BIM modeling, coordination, consultancy, and other services offered by Bimefy beyond the Platform.
• User: Any individual or organization accessing the Platform.
• Customer: Any organization or individual contracting Professional Services.
• Content: Files, documents, and data uploaded by Users.
• Subscription Plan: Paid access packages to the Platform.

10.3 Acceptance of Terms

By using the Platform or Professional Services, you accept these Terms. If you disagree, please do not use our services.

10.4 Scope of Services

10.4.1 Platform Services

Bimefy provides tools for BIM collaboration, AI-driven monitoring, multi-model viewing, and related features.

10.4.2 What We Are Not Responsible For

Unless explicitly agreed otherwise, Bimefy does not:

• Provide construction supervision
• Act as EPB reporter or safety coordinator
• Perform engineering studies or stability calculations
• Supervise or manage construction sites
• Assist with budget control, client handover, or as-built verifications
• Take over tasks from architects, engineers, contractors, or EPB reporters
• Perform any role legally assigned to architects, engineers, contractors, or specialized consultants (such as safety, stability, HVAC, fire safety, or acoustics)
• Execute or inspect construction works
• Assist in buyer guidance or verification of as-built dossiers

10.5 User Accounts and Responsibilities

You must maintain accurate account information and secure your credentials. You agree to use the Platform lawfully and responsibly.

10.6 Privacy and GDPR Compliance

Your use of Bimefy is subject to our Privacy Policy. We comply with GDPR and host your data within the EU. You agree we may collect anonymized usage statistics and technical information to improve our services, troubleshoot issues, provide technical support, and communicate updates.

10.7 Use of the Platform

You agree not to:

• Reverse-engineer or copy the Platform
• Introduce malware or disrupt services
• Use the Platform in violation of applicable laws

You may create a backup copy of your uploaded Content for your own use.

10.8 User-Generated Content

You retain ownership of uploaded Content but grant Bimefy a non-exclusive, worldwide license to host, store, and display it to provide the services.

10.9 Subscription Plans, Fees, and Renewals

By subscribing, you agree to the listed pricing and billing terms. Subscriptions renew automatically unless canceled in writing at least one calendar month before the renewal date. Payment must be received before the renewal date to maintain access.

10.10 Cancellation and Refunds

You may cancel your subscription anytime, effective at the end of the billing period. No partial refunds unless legally required. You are responsible for downloading and backing up your data before termination.

10.11 Intellectual Property

All rights, titles, and interests in the Platform, software, designs, and trademarks remain with Bimefy. Your suggestions or feedback may be freely used by Bimefy. You may not assign, rent, lease, sublicense, or transfer your rights under these Terms without prior written consent from Bimefy.

10.12 Professional Services

10.12.1 Best Effort Commitment

Bimefy undertakes a best-effort obligation ("inspanningsverbintenis") for Professional Services.

10.12.2 Assignment and Scope of Role

The Customer assigns Bimefy to act as BIM coordinator for advisory and coordination purposes. Bimefy shall not be responsible for execution, site management, safety coordination, or legal compliance of the Project.

10.12.3 Start of Services

Bimefy will commence its services only after receipt of the final and approved design studies from the Customer, architect, and engineering teams. Customer guarantees delivery of these studies within three (3) months after signing the agreement.

10.12.4 Excluded Services (Extended List)

Services not provided by Bimefy include, but are not limited to:

• Safety coordination under applicable regulations
• EPB declarations, studies, and energy compliance reporting
• Architectural responsibilities (e.g., design, site supervision, budget control)
• Engineering studies (e.g., structural, HVAC, special techniques)
• Site supervision, execution, inspection, or review of contractor performance
• Buyer guidance, financial reporting, and as-built dossier verifications

10.12.5 Project Team Responsibilities

The Customer must establish a Project Team consisting of architects, engineers, and specialists, and ensure their roles are clearly defined. Bimefy is not responsible for the execution, accuracy, or coordination of third-party studies.

10.12.6 Model Approval Process

At each important phase, Bimefy will submit IFC models for Customer approval. Customer must approve or provide feedback within eight (8) calendar days. Approval releases Bimefy from further responsibility.

10.12.7 No Employment Relationship

No employment, agency, or joint venture relationship arises from this agreement. Bimefy acts as an independent service provider.

10.12.8 Intellectual Property for Models

Unless otherwise agreed in writing, Bimefy retains all intellectual property rights over models, designs, and deliverables provided under the Professional Services.

10.12.9 Change Management

Changes after project start require written confirmation and may incur additional charges.

10.12.10 Cooperation and Access

Customers must provide timely access to all documents, information, and the site. Cooperation of third parties must be ensured.

10.12.11 Insurance

If the Customer takes out an ABR (construction all-risk) insurance policy or a ten-year liability insurance for the project, Bimefy must be included as an insured party wherever materially possible. If the Customer does not arrange such insurance but the main contractor does, the Customer must ensure that Bimefy is also included as an insured party under the contractor's policy.

10.13 Confidentiality

Both parties agree to keep non-public information confidential.

10.14 Security Disclaimer

We implement reasonable security measures but cannot guarantee complete protection.

10.15 Third Party Content

Bimefy may include links or references to third-party websites or materials. We are not responsible for the content, accuracy, or practices of any third parties.

10.16 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind.

10.17 Limitation of Liability

To the fullest extent permitted by applicable law, Bimefy's total aggregate liability, whether in contract, tort (including negligence), or otherwise, shall be limited to the lesser of:

• EUR 10,000, or
• The total amount paid by you for the Services during the twelve (12) months preceding the event giving rise to the liability, or
• The amount actually paid out by Bimefy's insurance provider in relation to the specific claim.

Bimefy shall not be liable for any:

• Indirect, incidental, consequential, exemplary, special, or punitive damages,
• Loss of profits, loss of revenue, loss of anticipated savings, loss of goodwill, loss of business opportunities, or loss of data,
• Costs of procurement of substitute services or technology,
• Failures or delays due to force majeure events beyond our reasonable control (including but not limited to acts of God, natural disasters, war, cyberattacks, labor disputes, or government actions).

Bimefy's liability is strictly limited to its own proven shortcomings and excludes any liability for work executed by others. Liability for advice and designs lies solely with the party responsible within the Project Team. Bimefy disclaims any joint or several liability with third parties.

Bimefy is not liable for construction defects nor can it be held responsible under the ten-year liability applicable to architects and contractors under articles 1792 and 2270 of the Belgian Civil Code, nor for minor hidden defects.

Any claim against Bimefy must be brought within six (6) months of the event giving rise to the claim.

10.18 Indemnification

You agree to indemnify Bimefy against third-party claims arising from your use of the Platform or Professional Services.

10.19 Third Party Requests

You are responsible for responding to valid third-party requests (e.g., legal subpoenas) related to your data.

10.20 Export Controls

You agree not to use our Platform or Software for purposes prohibited under applicable export control laws.

10.21 Termination

Bimefy may suspend or terminate access for violation of these Terms. Professional Services contracts may be terminated by written notice, with compensation for completed work and a 20% cancellation fee.

10.22 Modifications to the Terms

We may update these Terms at any time. Continued use of our services implies acceptance of the changes.

10.23 Governing Law and Dispute Resolution

These Terms are governed by Belgian law. Disputes shall be resolved in the courts of Leuven or Hasselt. The English version of these Terms prevails in case of discrepancies.

10.24 Entire Agreement

This Agreement supersedes all prior proposals, communications, and agreements between you and Bimefy.