Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

• These Terms constitute a legally binding agreement between you and BIMGO.
• You must accept these Terms to use any features of the Service.
• We may update these Terms at any time; continued use constitutes acceptance of changes.

2. Description of Service

BIMGO provides a cloud-based platform for building information modeling (BIM) that includes the following features:

• BIM Viewing: Upload, convert, and view CAD and BIM files (including Revit, IFC, DWG, and 50+ formats) in your web browser without plugins.
• AI Assistant: An intelligent AI chat interface that helps you query models, find elements, check standards, and generate reports using natural language.
• Collaboration Tools: Share models with team members and external stakeholders, manage access permissions, and work together on projects.
• Cloud Storage: Securely store and manage your BIM models and project files in the cloud.
• Model Analysis: Automated quantity takeoffs, clash detection assistance, and engineering data analysis.

3. Eligibility

To use the Service, you must meet the following requirements:

• You must be at least 16 years of age (or the age of majority in your jurisdiction).
• You must have the legal capacity to enter into a binding agreement.
• You must not be prohibited from using the Service under applicable laws.
• If using on behalf of an organization, you must have authorization to bind that entity.
• You are responsible for ensuring your use complies with all applicable laws in your jurisdiction.

4. Account Registration and Security

To access certain features, you must create an account. You are responsible for maintaining the security of your account:

• Provide accurate, current, and complete information during registration.
• Keep your login credentials confidential and secure; do not share them with others.
• Notify us immediately at support@bimgo.net if you suspect unauthorized access.
• You are solely responsible for all activities that occur under your account.
• We reserve the right to suspend accounts that appear compromised or used in violation of these Terms.
• One person or entity may maintain only one account unless expressly permitted.

5. BIM Content and User Uploads

You retain ownership of all BIM models, CAD files, and project data you upload to the Service ("User Content"). By uploading, you grant us certain limited rights:

• Ownership: You retain all intellectual property rights to your User Content. We do not claim ownership over any of your files.
• License Grant: You grant BIMGO a limited, non-exclusive, royalty-free license to store, process, convert, and display your User Content solely to provide the Service.
• Processing Rights: This license includes the right to create optimized viewing formats, generate thumbnails, and process data to enable platform features.
• No Sale or Sharing: We will not sell, share, or distribute your User Content to third parties except as needed to operate the Service or as required by law.
• Representations: You represent that you own or have rights to upload your content, and that it does not infringe any third-party rights.
• Removal: You may delete your User Content at any time. Deleted content will be removed from our systems within 30 days.

6. AI Features and Limitations

Our AI-powered features are designed to assist with your work, but you should understand their limitations:

• AI Assistance: The AI assistant provides information and suggestions based on your queries and model data. It is designed to help, not replace, professional judgment.
• No Guarantee of Accuracy: AI outputs may contain errors or inaccuracies. You are responsible for verifying all AI-generated content before relying on it for decisions.
• Not Professional Advice: AI responses should not be treated as legal, engineering, architectural, or other professional advice. Always consult qualified professionals.
• Usage Limits: AI features may have usage limits based on your subscription plan. Exceeding limits may result in temporary restrictions.
• Improvement: Anonymized interaction data may be used to improve AI performance unless you opt out.
• Prohibited Uses: You may not use AI features to generate harmful, illegal, or misleading content, or to attempt to extract model information beyond your authorized access.

7. Acceptable Use Policy

You agree to use the Service responsibly and lawfully. You shall not:

• Violate any applicable laws, regulations, or third-party rights.
• Attempt to access, probe, scan, or test the Service's infrastructure without authorization.
• Upload malicious files (viruses, trojans, malware) or use the Service to distribute harmful content.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Circumvent access controls, security measures, or usage limits.
• Share your account credentials or allow unauthorized users to access the Service through your account.
• Upload content that infringes intellectual property rights or breaches confidentiality agreements.
• Use automated tools (bots, scrapers, crawlers) to access the Service without prior written permission.
• Engage in activities that disrupt, overload, or harm the Service or other users' experience.
• Use the Service to store or process data subject to export control or other restrictions without compliance.

8. Subscription Plans and Payments

The Service offers various subscription tiers with different features and limits:

• Free Tier: Basic features with limited model uploads and AI queries. Subject to fair use policies.
• Paid Plans: Additional features, increased limits, and priority support. Details shown at checkout.
• Billing: Paid subscriptions are billed in advance on a monthly or annual basis as selected.
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date.
• Price Changes: We may adjust prices with advance notice. Existing subscriptions continue at current rates until renewal.
• Refunds: Refunds are generally not provided for partial billing periods. Exceptions may apply under consumer protection laws.
• Taxes: Prices may be subject to applicable taxes based on your location.

9. Intellectual Property Rights

The Service and its underlying technology are protected by intellectual property laws:

• BIMGO Ownership: We own all rights to the Service, including the platform, software, algorithms, user interface, branding, and documentation.
• No Transfer: These Terms do not grant you any ownership rights to BIMGO's intellectual property.
• Trademarks: "BIMGO" and associated logos are trademarks of the BIMGO team. You may not use them without permission.
• Feedback: If you provide suggestions or feedback, you grant us a perpetual, royalty-free license to use and incorporate it.
• Third-Party Components: The Service may include open-source software governed by their respective licenses.

10. Data Protection and Compliance

We are committed to protecting your data and complying with applicable regulations:

• Our collection and use of personal data is governed by our Privacy Policy.
• For users in the EU/EEA/UK, we comply with GDPR requirements and act as a data processor for User Content.
• Data Processing Agreements (DPAs) are available upon request for enterprise customers.
• We implement appropriate technical and organizational measures to protect data security.
• You are responsible for ensuring your use of the Service complies with data protection laws applicable to your organization.

11. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law:

• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or harmful components.
• We are not responsible for the accuracy, reliability, or completeness of any AI-generated outputs.
• BIM model conversions and analyses are provided as tools; you remain responsible for verifying results.
• We do not endorse or verify any third-party content or services linked from the platform.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• BIMGO shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• This includes but is not limited to: loss of profits, data, goodwill, or business opportunities.
• Our total cumulative liability for all claims shall not exceed the greater of: (a) the amounts you paid to us in the 12 months preceding the claim, or (b) $100 USD.
• These limitations apply regardless of the legal theory (contract, tort, negligence, or otherwise).
• Some jurisdictions do not allow limitation of liability for certain damages; in such cases, limitations apply to the fullest extent permitted.

13. Indemnification

You agree to indemnify and hold harmless BIMGO and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service or violation of these Terms.
• Your User Content or any materials you upload, share, or transmit through the Service.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Your violation of any applicable laws or regulations.
• Any unauthorized use of your account.

14. Termination

Either party may terminate this agreement under certain circumstances:

• By You: You may stop using the Service and close your account at any time through account settings.
• By BIMGO: We may suspend or terminate access if you violate these Terms, if required by law, or to protect the Service.
• Effect of Termination: Upon termination, your license to use the Service ends. You may export your data before closure.
• Data Deletion: We will delete your User Content within 30 days of account closure, except where retention is legally required.
• Survival: Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.

15. Dispute Resolution

We aim to resolve disputes amicably. If a dispute arises:

• Informal Resolution: Please contact us first at support@bimgo.net. We will attempt to resolve concerns within 30 days.
• Governing Law: These Terms are governed by the laws of Hong Kong SAR, without regard to conflict of law principles.
• Jurisdiction: Disputes shall be submitted to the exclusive jurisdiction of the courts of Hong Kong SAR.
• Class Action Waiver: To the extent permitted by law, disputes must be brought individually, not as part of any class or representative action.

16. Changes to These Terms

We may modify these Terms from time to time to reflect changes in law, the Service, or our business practices:

• Material changes will be communicated via email or a prominent notice on the Service at least 30 days before taking effect.
• Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
• If you do not agree to the changes, you should stop using the Service and close your account.
• Non-material changes (e.g., clarifications) may be made without prior notice.

17. General Provisions

The following general provisions apply to these Terms:

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and BIMGO.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Language: These Terms are written in English. Translations are provided for convenience; the English version prevails.

18. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Email: support@bimgo.net