Terms of Service

Our terms and conditions

Effective Date: 01/08/2024

1. Acceptance of Terms

By accessing or using Bimefy's platform, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the platform.

2. Platform Services

Bimefy provides tools for BIM collaboration, AI-driven progress monitoring, multi-model viewing, and other related services to professionals in the construction and BIM industries. The platform includes, but is not limited to:

  • Multi-model viewer (e.g., RVT, IFC)
  • AI-driven document analysis
  • Workflow and project management tools
  • Issue and safety monitoring
  • Construction site progress monitoring via computer vision

Bimefy reserves the right to modify or discontinue any part of the services at any time.

3. User Accounts and Responsibilities

To access the platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for any activity under your account. You agree to:

  • Provide accurate and up-to-date information during the registration process.
  • Use the platform for lawful purposes only.
  • Not engage in any activity that could harm, disrupt, or impair the platform.

4. Privacy Policy

Your use of Bimefy is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the platform, you consent to the collection and use of your data as outlined in the Privacy Policy.

5. Use of the Platform

You agree to:

  • Only use Bimefy to manage, analyze, or collaborate on BIM projects and related tasks.
  • Comply with all applicable local, national, and international laws.
  • Not reverse-engineer, decompile, or attempt to derive the platform’s source code unless expressly permitted by applicable law.

6. User-Generated Content

The platform may allow you to upload, share, and manage content (including but not limited to IFC, RVT, DWG, and PDF files). You retain ownership of the content you upload, but by using the platform, you grant Bimefy a non-exclusive, worldwide license to host, store, and display this content to provide the services.

7. Subscription Plans and Fees

Bimefy offers various subscription plans for access to its services. Pricing details and features of each plan are provided on the platform. By subscribing to a plan, you agree to pay the associated fees.

8. Cancellation and Refunds

You may cancel your subscription at any time. Cancellations will be effective at the end of your current billing cycle. Refunds are not provided for partial months or unused features of the service unless required by law.

9. Intellectual Property

Bimefy retains all rights, titles, and interests in and to the platform, including all intellectual property rights. This includes, but is not limited to, software, designs, logos, and trademarks. You are granted a limited, non-exclusive, non-transferable license to access and use the platform.

10. Limitation of Liability

To the fullest extent permitted by law, Bimefy and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of your use or inability to use the platform.

11. Termination

Bimefy reserves the right to suspend or terminate your account and access to the platform at any time, without notice, if we believe you have violated these Terms, applicable law, or for any other reason.

12. Professional Services

12.1 Invoicing and Delivery Terms

Bimefy BV, headquartered at Engsbergseweg 36a, 3980 Tessenderlo, Belgium, shall be referred to as 'Bimefy' hereinafter. The term 'customer' pertains to any individual or legal entity to whom our offers are directed or with whom we establish an agreement for service provision.

12.2 Cancellation Policy

Any cancellation of agreed-upon work must be communicated in writing. If canceled to the customer’s detriment, a fixed compensation of 30% of the total agreed amount is required, covering fixed/variable costs and loss of profit. Bimefy may also claim higher damages if justified.

12.3 Hourly Services

All hourly services are documented on work orders and submitted monthly to the project manager for approval. Monthly invoices are generated based on these signed work orders.

12.4 Payment Terms

Invoices are payable within 30 days of the invoice date. Acceptance of the invoice constitutes notice of default, per Article 1139 of the Belgian Civil Code. Any unpaid portion accrues a default interest rate of 12% per annum. Unpaid invoices will also incur an additional fixed compensation of 10%, with a minimum of 125 EUR.

12.5 Index Adjustments

Rates evolve in line with national index adjustments, with changes communicated at least 1 month in advance.

12.6 Modeling Work

Bimefy provides Revit modeling services, but the customer is responsible for supplying accurate and complete information. Bimefy is not liable for errors arising from missing or inaccurate information. Assumptions made by the modeler will be communicated, and adjustments are billed on a time-and-materials basis.

12.7 BIM Services (Coordination, Management & Consultancy)

Bimefy provides maximum effort to identify and report conflicts in virtual building models, using state-of-the-art software. However, liability for conflicts in the model is excluded unless Bimefy was given complete model responsibility through a formal assignment. The customer is responsible for clearly assigning task areas.

12.8 Non-Poaching Clause

The customer agrees not to recruit or employ Bimefy personnel for 12 months after the completion of services, with a penalty equal to 6 months of gross salary per employee violated.

13. Modifications to the Terms

Bimefy reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the platform following the posting of changes constitutes your acceptance of those changes.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Belgium. Any disputes arising from or relating to these Terms or the platform will be resolved through binding arbitration in accordance with Belgian law.