BIM & Scan Terms of Service

Posted: 20th June 2018

Effective: 20th June 2018

BIM & Scan’s Terms of Service came into effect on 18th June 2018. BIM & Scan’s service became available to invited beta users after 26th June 2018.

These terms of service ("Terms") cover your use and access to our services and websites ("Services"). Your agreement is with BIM & Scan Limited, a company registered in the Republic of Ireland. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

Your Data & Your Permissions

When you use our Services, you provide us with input files, content, messages, contacts and so on ("Your Data"). Your Data is yours. These Terms don't give us any rights to Your Data except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Data, backing it up, processing and reviewing it when you ask us to. Our Services may also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

The Services we provide do not include a file storage or sharing platform. Your Data is provided for the purposes of processing through our Services. The file data you provide must be a copy of the file data that you retain locally. BIM & Scan does not provide a file backup and storage solution. Your data files will be purged after 30 days or where file storage quotas are exceeded. Notice of file purging will not be provided as it will happen automatically based on these Terms.

You grant us an irrevocable and perpetual license to use Your Data for the purposes of providing our Services to you including storing locally, troubleshooting Your Data and sharing Your Data with our partners and suppliers who assist us in providing Services.

Your Responsibilities

You're responsible for your conduct. Your Data and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people upload to the Services.

To help us keep you informed and keep Your Data protected. Safeguard your password to the Services and keep your account information current. Don't share your account credentials or give others access to your account, to do so is a material breach of these terms.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the digital age of consent. By using our Services, you are representing to us that you are over the digital age of consent. Where local law does not stipulate a digital age of consent, then purposes of these terms of service, digital age of consent shall be 13 years of age.

Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. The Software may be provided by other companies such as Microsoft Corporation and will require you to sign up to a separate licence directly with that company. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as BIM & Scan's other services, so please keep that in mind.

Our Data

The Services are protected by copyright, trademark, and other laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, BIM & Scan trademarks, logos and other brand features. No licence is granted to Our Data, software, code or systems used to deliver the Services to you, except for Output Data as set out below.

The Services we provide will process Your Data and produce new Output Data in which BIM & Scan retain copyright ownership but provide you with a licence to download, use, copy and share, provided Subscriptions are properly paid, where applicable.

We may retain, use and share Our Data in anyway we may see fit.

We welcome feedback but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported us in writing. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Formal notice of alleged copyright infringement on the Services shall be sent in writing to:

BIM & Scan Ltd.
4E Fingal Bay Business Park, Balbriggan, Co. Dublin, Ireland K32 HN82

And also submit copy by email to:  [email protected]

Subscriptions

Invited Private Beta Participation. BIM & Scan may offer preferred customers participation in a Private Beta trial of new services. Private Beta trials may be offered at no cost or no increased subscription cost. BIM & Scan will notify you in advance of the duration of that Private Beta participation period. Services offered through Private Beta Participation are just that – beta versions. Although we will have tested to the extent that is reasonably possible, Services offered through Private Beta may be subject to change without notice.

Trial Usage Period. BIM & Scan offers a Trial Usage Period. BIM & Scan will notify you in advance of the duration of that trial usage period. BIM & Scan reserves the right to foreshorten the trial usage period and will notify you of same should this be required.

Billing. BIM & Scan will automatically bill you from the date your trial usage period ends and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we'll charge tax when required to do so by law.

No Refunds. You may cancel your BIM & Scan Subscription at any time. Refunds are only issued if required by law.

Non-Payment. Your Subscription will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Subscription on time, we reserve the right to suspend it.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you're in breach of these Terms,

(b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you have not paid your Subscription.

We'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.

We won't provide notice before termination where:

(a) you're in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond BIM & Scan's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Data from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.

Services "AS IS"

We strive to provide excellent Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BIM & SCAN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR BIM & SCAN'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

BIM & SCAN, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT BIM & SCAN OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, BIM & SCAN, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. BIM & SCAN AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH BIM & SCAN.

Resolving Disputes

Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against BIM & Scan, you agree to try to resolve the dispute informally by contacting [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or BIM & Scan may bring a formal proceeding to ADR (Alternative Dispute Resolution).

If we are both in the EEA (EU + Iceland, Liechtenstein and Norway). The EEA already has a mechanism for resolving disputes using Online Dispute Resolution (ODR) which is available at the weblink http://ec.europa.eu/consumers/odr. We agree to use ODR as an alternative dispute resolution mechanism if we are both in the EEA. 

Failing Alternative Dispute Resolution, We Both Agree To Arbitrate. You and BIM & Scan agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.

Arbitration Procedures. The Chartered Institute of Arbitrators – Ireland Branch (CIArb) will administer the arbitration under its ‘Cost-Controlled Expedited Arbitration Rules’, May 2018. The arbitration will be held in Dublin, Ireland unless we agree to another location.  

Exceptions to Agreement to Arbitrate. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Irish Courts to resolve your claim.

Controlling Law

These Terms will be governed by the laws of the Republic of Ireland.

Language

All communications and proceedings shall be conducted through English.

Entire Agreement

These Terms constitute the entire agreement between you and BIM & Scan with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

BIM & Scan's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. BIM & Scan may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account. These updated terms will be effective no less than 30 days from when we notify you.

If you don't agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.