These Terms of Service (collectively, this “Agreement”) constitute a legal agreement between you (either an individual or an entity, who will be referred to in this Agreement as “Customer” or “you”) and BIMView, a company with a principal place of business at 9711 Washingtonian Blvd, Ste 550, Gaithersburg, MD 20878 (“BIMView”, “we”, “us”, or “our”) for the access to and use of the BIMView platform and related services.
If Customer is entering into and accepting this Agreement on behalf of a business entity, Customer represents and warrants that Customer has the right, authority, and capacity to enter into and accept this Agreement on behalf of the relevant business entity. Any reference herein to “Customer” shall in such case refer to the represented business entity.
By accessing, downloading, installing, or using our Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you should not access or use our Services.
BIMView provides a cloud-based floorplan management platform that includes but is not limited to:
We offer various subscription plans, including:
For individual users and small projects
For teams and collaborative projects
For large organizations with custom needs
Customer is responsible for all applicable taxes, including sales, use, VAT, and other taxes, duties, or assessments imposed by any jurisdiction, excluding taxes based on our net income.
We reserve the right to change subscription fees upon thirty (30) days prior notice. Price changes will apply to subsequent billing periods.
You may use our Services only for:
You agree not to:
You are responsible for maintaining the security of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use or security breach.
BIMView retains all right, title, and interest in and to the Services, including all related intellectual property rights. The Services are protected by copyright, trademark, and other intellectual property laws.
You retain ownership of your floorplans, designs, and other content you create or upload (“Your Content”). By using our Services, you grant us a limited license to:
Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation or attribution.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into this Agreement.
We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits.
You can export your data at any time during your subscription and for 90 days after termination.
You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing period.
We may terminate or suspend your access immediately if you:
Upon termination, your access to the Services will cease, and we may delete your data after a grace period of 90 days. You should export any important data before termination.
We warrant that our Services will materially conform to our published documentation and will be available 99.5% of the time, excluding scheduled maintenance.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIMVIEW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You agree to indemnify, defend, and hold harmless BIMView and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of this Agreement, or infringement of any third-party rights.
This Agreement is governed by the laws of the State of Maryland, without regard to conflict of law principles. Any disputes will be resolved in the courts of Maryland.
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and BIMView regarding the Services.
We may modify this Agreement at any time by posting the revised terms. Your continued use of the Services constitutes acceptance of the modified terms.
If any provision of this Agreement is found unenforceable, the remainder will remain in full force and effect.
You may not assign this Agreement without our written consent. We may assign this Agreement at any time without notice.
If you have questions about this Agreement, please contact us:
Last Updated: 6/6/2024
This Agreement is effective as of the date you first access or use our Services.
