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First international platform for quality BIM objects
First international platform for quality BIM objects
These General Contracting Conditions is the Contract (hereinafter "GTC") that regulates the relationship between Bimetica Parametric Design Services, S.L. (hereinafter "Bimetica") and the User and the Manufacturer or Distributor company that exhibits its products and services on the Bimetica website or platform (hereinafter "the Portal"). Likewise, the Legal Notice, the Cookies Policy, and the Privacy Policy of the Portal or website (hereinafter "Legal Texts") will be complementary and binding documents to these GTC, and all documents must be understood jointly.
Legal Notice: https://bimetica.com/en/textos-legales/aviso-legal
Cookies Policy: https://bimetica.com/en/textos-legales/cookies
Privacy Policy: https://bimetica.com/en/textos-legales/privacidad
General Terms and Conditions: https://bimetica.com/en/textos-legales/terms
The Manufacturer or Distributor shall not only be bound by the legal texts, but also by the General Conditions of Production, Services and Sales (hereinafter referred to as "GCSPSV") agreed individually with Bimetica.
Bimetica's global aim is to promote information and knowledge of the services and products of the construction and related sectors worldwide.
Each legal text (General Terms and Conditions, Legal Notice, Cookies Policy, and Privacy Policy), are presented with a date of issue and come into force on that date. These texts will be updated and made public on the Portal. The User and the Company must have a reflexive and active attitude towards these texts and legal terms in order to be aware of the relationship that they maintain with Bimetica.
The User and the Company may reject in writing and therefore legally dissociate themselves from the conditions and terms of the legal texts, as long as this is not contrary to law, morality, public order and custom.
The right of refusal must be exercised within 60 calendar days of the publication of the legal texts. After this period has elapsed since the registration of the user or company, it will be understood that they expressly accept the legal texts.
To exercise the right of refusal, the sender must send an e-mail to info@bimetica.com, identify himself/herself (name, surname, contact e-mail, contact telephone number, address and, in the case of a company, company name and tax identification number) and sufficiently indicate the reason for refusal and the sections of the legal texts that he/she does not accept.
In this case of notification of the right of refusal, Bimetica shall analyse the motivation of the interested party and shall notify the interested party in writing of its decision within 60 calendar days. The decision may contain:
Company name or official name: Bimetica Parametric Design Services, S.L.,
Tax identification number or VAT number: B65592925
Trade Register: Trade Register of Tarragona on 20 April 2021; Volume: 3251, Book: 0, Folio: 194, Section: 8, Page: T56936, Entry: 2
Address: Calle Villarroel núm 11, bajo 1º,
City: Calafell
Postal Code: 43820
Province: Tarragona
Country: Spain
Telephone: +34 932 267 322
Email: info@bimetica.com
Bimetica is the legitimate owner of the Bimetica® trademark, the Content Database and the Portal and the domain www.bimetica.com.
Service Provider: Bimetica is the provider of the different services provided on the web portals. Bimetica may also be identified as the "Provider".
User: Any internet user who browses the Portal and/or accesses information on the Portal.
Registered User: Registered User (hereinafter User) shall be considered to be the legal entity or natural person of legal age who wishes to use the different services of the Portal, the Content Database provided by the Provider, access to related products and services, all for exclusive use in their professional activity, related to the sector of architecture, interior and exterior design, the construction sector, mechanical, industrial and civil engineering, real estate, among other similar activities. Users under the age of eighteen will not be accepted as users.
Both the User and the Registered User shall be considered Professionals in the construction and similar sectors, this is due to the nature of the products and services offered by the Portal. Consequently, it lacks the sense of User or Consumer, in accordance with the criteria established by Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users.
The User as Registered User shall be construed to be the "data subject" in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR).
Manufacturing or Distributing Company: A Manufacturing or Distributing Company (hereinafter referred to as a Company) is considered to be the legal entity, institution or association that contributes the contents of its products and services to the Portal.
BIM: stands for Building Information Modelling.
Content: Any type of file or information downloaded or obtained through the Portal. Content shall also be understood to be any image, text, code, or information in whole or in part that is on the Portal. All Content has an Author and an Owner.
BIM Content: A file containing the 2D or 3D design of an architectural, engineering, plan, drawing, construction or similar project. The BIM Content may be provided by Bimetica or a Company. . The BIM Object is an economically quantifiable Asset or Property. The BIM Content is the sole or shared property of Bimetica and or the Company. The BIM Content is subject to Intellectual Property Rights protection.
BIM Object: A file containing the 2D or 3D design of a product or construction item or material, including geometry, special relationships, company information, as well as quantities and properties of the components of its construction or assembly. BIM objects can also be interpreted as BIM objects; BIM files, BIM library, 3D library, BIM library, 3D library and other descriptive objects. The BIM Object may be provided by Bimetica or a Company. The BIM Object is an economically quantifiable Asset or Good. The BIM Object is the sole or shared property of Bimetica and or the Company. The BIM Object is protectable by Intellectual Property Rights.
Assets: Assets are a set of goods, rights and other resources that belong to the company's assets and from which it is expected to obtain returns or profits. Interpretation taken from Royal Decree 1514/2007, of 16 November, approving the General Accounting Plan.
Digital Working Tool: It is understood that the BIM Object or BIM Content, as well as the information content downloaded from the Portal, are digital working tools for the User. The User can use these contents in the construction or study project of his choice, thereby obtaining a direct benefit in terms of savings in development or production costs.
Download: Download shall be interpreted as downloading of Information, whether in whole or in part, full download or interrupted download (due to technical problems). The download may be of BIM Content, a BIM Object, Information or its visualisation, or a service or similar. Depending on the commercial policy at any given time, the Download may be limited, free of charge or chargeable. In these cases, the User will always be informed and will be able to choose the option that best suits his or her interests.
BIM Directory: It is a public and open list of companies, institutions and professionals that are related to work with the BIM methodology. The directory contains the name or trademark that is linked to a link to the website or contact email. All links or emails are public and open, with no express restriction on the part of their owner.
BIMHOSTING: This is the type of account that the company can have on the Portal with its own presence, under contract with BIMETICA. The account types are "Basic", "Plus", "Pro" and "Premium".
IFRAME: It is the web link, of exclusive representation that a Company may have, where its BIM Objects, BIM Content or services are displayed. The IFRAME is represented as an Url that the Company may use and locate on its website or websites of its business group environment, and or authorised collaborators.
Cookies: A cookie is a file that is downloaded to a computer when accessing certain web pages. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or their computer and, depending on the information they contain and the way you use your computer, they can be used to recognise the user.
The purpose of the present GTC is, among others, to regulate the relationship between the User and Bimetica, highlighting mainly:
a.- The granting to the User of a non-exclusive, worldwide, personal and professional use licence through the internet network to download files of BIM Objects and BIM Content from the Content Database offered from the Portal,
b.- The service of application forms, such as Registration Form, BIM Object Request Form, Technical Support Request Form, Manufacturer Contact Request Form, Quotation Request Form, Product Request Form in other software and version. The User may voluntarily and freely use the forms to contact the Company; however, he/she only expressly authorizes Bimetica to transmit his/her data to the Company in the event that the Company has a BIMHosting account with Plan Plus, Plan Pro or Plan Premium at the time of generating the request by Form. The User does NOT authorize the concession of the data retroactively in the event that a Company passes from a BIMHosting Basic account to Plus, Pro or Premium. See Privacy Policy.
c.- The User, by accepting the GTC, "Expressly, consensually and unequivocally authorises Bimetica" to be able to transmit or transfer to third parties (Company) their personal and contact data obtained through the Portal, when the following situation occurs. The User accesses the Portal and voluntarily DOWNLOADS files of BIM Objects, BIM Content or information from a Company that has contracted a PLUS, PRO or PREMIUM account with Bimetica. For information purposes, all Company profiles inform the type of account that each Company has, being the BIMHosting an account with Plus Plan, Pro Plan or Premium Plan. If the User does not decide to accept this statement and therefore the transmission of data, what he/she has to do is NOT TO GIVE CONSENT TO THE GTC NOR DOWNLOAD this type of Contents of the Company. See Privacy Policy.
d.- The User's Registration on the Portal. By registering, the User expressly and unequivocally authorises Bimetica to communicate data, information, advertising and/or promotion of its own services or those of third parties to the User. If the User does not wish to receive these communications, he/she MUST NOT REGISTER. See Privacy Policy.
Acceptance of these GTC takes place through the registration process, which is free and voluntary. Before accepting by registering, the User can access the information and all the content of the GTC and legal texts of the Portal so that he/she can make his/her own value judgement and decide whether or not to register on the Portal. This acceptance will provide the User with the use and enjoyment of the Portal's services for the duration of the contractual relationship between the parties. Any modification of the GTC or the legal texts of the Portal, Bimetica will inform the User and/or the Company in a public way, so that the User and the Company will have to maintain an active attitude regarding the updates of the contractual conditions.
For the purpose of making a claim in the event of a possible infringement of Personal Rights by Bimetica or the Company, the User or interested party may first contact info@bimetica.com and subsequently contact the Spanish Data Protection Agency.
The User undertakes to use the Contents in accordance with the Law and the GTC and the Legal Texts, as well as any regulations and instructions that may be applicable.
By way of example, the User, in accordance with current legislation, must abstain from:
a.- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorised by law or expressly consented to by Bimetica or by whoever holds the ownership of the exploitation rights, as the case may be.
b.- Reproduce or copy the BIM Content, BIM Object that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply reproduction by the User or a third party.
c.- Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that Bimetica makes available to the Users, when its use is fraudulent.
BIM files or BIM Content, BIM Objects, shall be understood to be files developed with Revit©, Archicad©, Allplan© or software with identical capabilities, with IFC format or similar qualities that are hosted on the Portal.
The BIM files (BIM Content and BIM Objects) of the Portal may only be used for professional purposes to be incorporated (prescribed or specified) in construction, engineering, architectural or similar projects, in their different phases of design, layout, in pre-project, executive project, in the maintenance phase, including in the demolition phase.
a.- The User warrants that the use of the Database of products or materials, the BIM Content and BIM Objects, and the other services covered by these GTC, is exclusively for professional use and to ensure the development, fulfilment and control of a freely accepted legal relationship between the User and his Client or the User and his Employment relationship. The User agrees that the information provided by the Provider and/or the Company may be an additional element to be taken into account in professional projects, but may not take such content downloads as exclusive for the development of their projects. Furthermore, the User releases Bimetica and the Company from any and all liability for any decisions made in professional projects undertaken by the User that are based on downloads of BIM Content files and BIM Objects from the Portal. Likewise, the general use of such content is at the User's discretion, and therefore releases Bimetica and the Company from all liability for the possible lack of suitability of the BIM Content and BIM Objects for the projects that the User is working on.
b.- The User guarantees that he/she will not access or interfere with Bimetica's or the Company's web pages by means of robots, spiders, routines or any automatic or semi-automatic system to monitor, copy or download their content for any other unauthorised purpose or without prior authorisation provided in writing by Bimetica. The User agrees that it will not take any action that may impose unreasonable or disproportionate information loads on the data transfer infrastructure of the service.
c.- Bimetica reserves the right to cancel the access codes and the supply of information in the event of violation or non-fulfilment by the User of any of the obligations for the use of the information.
a.- Accumulate or make private or public databases of BIM Content files or BIM Objects downloaded from the Portal. For practical purposes, the Portal facilitates access to the files at all times with the aim of not generating private or public databases.
b.- To use BIM Content files or BIM Objects to remake other BIM files by altering the identity parameters such as, manufacturer data, distributor, unique characteristics of the product, author, owner of the BIM file and other identifying parameters and data. The BIM Content or BIM Objects file may not be modified or emulated in relation to other similar content or products for the purpose of "copying" or misusing the result. Exceptions to this rule may only be made when the original file is modified to adapt it to a construction project in accordance with the uses authorised by Bimetica.
c.- Download the BIM Content files or BIM Objects to be used or contributed as content of Databases for public or private tenders, the purpose of which is to create a database of BIM Content libraries, BIM Objects or 3D. In this situation, the user must request express permission from Bimetica for this purpose, which may or may not grant its use.
Likewise, public, private or mixed organisations may not use BIM files from the Bimetica Portal to create their own Libraries or Libraries of BIM files and content for use in their tenders, unless they expressly request Bimetica to do so, in which case it may or may not grant their use.
d.- To use the BIM Content files or BIM Objects as an example of services or products to offer to the market BIM library development services or similar services, which represent direct or indirect competition to Bimetica.
e.- To use BIM Content or Objects to mislead or lie to construction agents for the purpose of providing services associated with the development of BIM Libraries or similar.
f.- Marketing BIM Content files or BIM Objects individually, collectively or as databases. To have financial or in-kind consideration, to sell or resell the files, to modify or alter the files to consider them as your own audit, will be considered inappropriate use.
g.- Publish BIM Content files or BIM Objects on websites or platforms without the express authorisation of Bimetica or third party companies participating in the Bimetica portal.
Failure to comply with these sections will be understood as misappropriation of the intellectual property of Bimetica or of third party companies participating in the Bimetica portal.
The paragraphs concerning the infringement of intellectual property can be applied retroactively.
Infringement of any of the precepts contemplated in the previous section will entitle Bimetica to bring a civil action to claim a maximum amount of compensation:
The concept of maximum compensation does not include all justifiable expenses that Bimetica is forced to exercise or execute for the extrajudicial or judicial claim. For information purposes only, the costs of the claim, lawyer, solicitor, fees of associated professionals and experts, fees and taxes, expenses for evidentiary documents, travel, mail, support material, among other demonstrable costs, will be added to the claim compensation.
The management of the extrajudicial claim made by Bimetica and that leads to a successful conclusion with the User or Company that could violate the precepts of section 3.2.3 or any other of the GTC and/or the legal texts, thereby avoiding the need to claim through the courts, will give rise to a basic management cost of EIGHT HUNDRED EUROS (800.00 €) for each claim, to be paid in accordance with what has been agreed by the parties, or within 180 days from the day following the date of the claim.
Likewise, Bimetica reserves the right to take the appropriate criminal action.
Bimetica warns of the possible use of data authentication mechanisms that allow for secure verification of the User's identity. Bimetica reserves the right to block or deactivate the User's account in case of detecting false data or improper use. Likewise, it reserves the right to inform the competent State Security Authorities and Bodies of fraudulent attempts at identity theft in the contracting of its services.
The purpose of this Agreement is, among other things, to regulate the GTC between Bimetica and the Company, in particular:
a.- The concession to the Company of a contracted space in the Portal (BIMhosting), to exhibit the brand, its products and services. The space will be conditioned by the type of BIMhosting Plan contracted. The plans are Basic, Plus, Pro and Premium.
b.- To offer the download service of the Company's BIM Content and BIM Objects files to Portal Users. The Company makes the BIM Content and/or BIM Objects files available to Portal Users for downloading. The download may be limited in whole or in part, and may be paid or free of charge in accordance with the Company's commercial policy at any given time.
c.- Offer an on-line report of statistics on downloads linked to the plan contracted by the company.
d.- To offer the service of notifications and management of contact forms generated by the activity of the Users. The Company will be able to access the User's personal and contact data when these are originated during the period in which the Company has a BIMHosting account with Plan, Plus, Pro or Premium. The access to these data will not be given retroactively when passing from an account with Basic Plan to Plus, to a Pro Plan or Premium Plan.
e.- Offer access to the User Database when using the Company's BIM Content or BIM Objects. This occurs when the User proceeds to freely and voluntarily download BIM Content or a BIM Object from a specific Company. The User shall be deemed to have expressly authorised the session of his or her data to the Company in this case. In order to do so, the Company must contract a PLUS, PRO or PREMIUM Plan.
Bimetica, before providing or giving access to a User's personal data to the requesting Company, will automatically or manually verify whether the User's data is linked to a request in accordance with a contact form, or because the User has downloaded BIM Content files or BIM Objects or Company information.
Bimetica and the Company shall be the relevant personal data controllers, and shall process the data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation (EU) 2016/679 or GDPR).
Likewise, the Company whose head office is located in a country other than those of the European Union, for access to the personal data of the Portal, must apply the General Data Protection Regulation (EU) 2016/679 or RGPD and the corresponding Personal Data Protection Law of its country. In this case, the Company must inform and warn Bimetica about the operation and responsibility required for the processing and transfer of data, in accordance with the law of their country.
Bimetica will make the Company that wishes to access the User's personal data, sign a contract so that it will proceed to manage and process the data in accordance with the Law and the present "Good Practices".
The Best Practices for the processing and transfer of the Portal Users' personal data shall consist of applying the purposes set out in the GTC and the Privacy Policy. In particular, the contract signed by the Company shall regulate and inform of the actions that the Company may and may not take, being the following:
a.- May contact the User for the legitimate purpose of informing about the technical and commercial characteristics of the downloaded BIM Content or BIM Object files.
b.- It may contact the User for the legitimate purpose of responding to the contact made by the User to the Company through the forms found on the Portal.
c.- It may contact the User for the legitimate purpose of informing about changes in commercial, corporate or similar policies that may affect the status of their personal data.
d.- It may contact the User for the legitimate purpose of complying with the legal requirements in force regarding the processing of Personal Data.
e.- It may contact the User for the legitimate purpose of offering technical support on the products and services displayed on the Portal, provided that the User has shown interest by visiting the website or downloading the information on the product or service displayed on the Portal.
f.- It may contact the User for the legitimate purpose of carrying out a quality control of the product or service offered on the Portal, provided that the User has shown interest by visiting the website or downloading the information on the product or service displayed on the Portal.
g.- You may not contact the User to send or notify commercial or technical information that is not directly related to the downloaded BIM Content or BIM Object.
h.- It will not be able to contact the User to send or notify commercial or technical information that is not related to the contact form used by the User.
i.- It may not transmit or communicate personal data to third parties, whether natural or legal persons, and companies of the business group.
The Company undertakes not to use the User's personal data for purposes other than those mentioned in points "a" to "i".
The contact format used by the Company may be by the means provided by the User, in particular by e-mail or telephone.
The Company accepts that browsing, downloading, data consumption and User interest data produced within the Portal are considered Business Secret Data, and therefore their treatment must be in accordance with due Confidentiality.
The Company accepts and is aware that the User will be able to know at any time which Company has been able to access his/her data, by means of the contact form used, or the BIM Content or BIM Object downloaded, as these types of forms and content have the Company's reference data.
Likewise, the User may find the address details of the Company, which can be found in the Company Profile, which can be accessed free of charge on the Portal. The User may also contact the Company and exercise their rights (Access, Modification, Rectification, Rectification, Deletion, Limitation, Portability, Opposition, and any other rights protected by Law) by means of the Company Contact Form on the Portal. In this case, the Company will have to give access to the person responsible for managing the processing of the Company's Personal Data.
The Company shall assign and give access within its Company Profile hosted on the Portal to the Data Controller, so that he/she can access the Company Profile and manage the personal data of the Users. The Data Controller shall take all legal measures for the processing and shall provide concise, clear, transparent, intelligible and easily accessible answers in simple language to the queries of the data subject (User).
The Company that signs the Contract of Good Practices in the management of Personal Data, must inform who will be the Person (Natural or Legal) that will manage and process the personal data of the Users. Any change made by the Company regarding the person responsible for data processing must be communicated immediately to Bimetica, within a period of no more than 10 calendar days. Likewise, the contract must specify the security methods that will be implemented in the custody and protection of personal data.
The Company undertakes to store the User's contact details for a period of one year from the time they are obtained. Once this period has elapsed and the data has not been used for the legitimate purposes, the Company undertakes to delete or eliminate the contact data.
In the event that the User wishes to exercise his/her Rights, he/she must identify him/herself correctly to Bimetica and to any Company that may have had access to his/her personal data. In order to do so, the User must provide their full details (Name and Surname, registration e-mail and registration telephone number). In exceptional cases where it can be interpreted that there is data fraud or improper use of the content, Bimetica or the Company may additionally request the User to add information in which he/she clearly and precisely indicates the destination of the use of the BIM Content or BIM Object, in order to analyse the fulfilment of the legitimate purpose of downloading by the User, and thereby verify the validity of the Right that the User or interested party wishes to exercise.
In the event of detecting fraud in the data provided by the User or interested party, Bimetica or the Company may take whatever legal steps or actions are necessary to protect the Rights of Bimetica or the Company.
For the communication and exercise of the User's or interested party's rights, they may contact the Bimetica website or info@bimetica.com as a general contact point.
The Company, through the acceptance of the Contract of Good Practices in the management of Personal Data, undertakes to issue an annual report on the management, actions and in general the processing of contact data of Users obtained from the Portal. The report must be delivered within three (3) months after the end of the annual period of the BIMHosting service contracted by the Company.
The report shall contain:
The report aims to monitor whether the Company is exercising good practices correctly and complies with the GDPR.
Failure by the Company to comply with this article will result in Bimetica being able to block access to personal data and request the deletion of Users' personal data.
a.- The Company declares that the information content and files uploaded to the Portal are its property and respects Intellectual and Industrial Property Rights, Trademark rights, Advertising and Unfair Competition.
b.- That you will use the Portal ethically and responsibly. In particular of the data that you access.
c.- That, in the case of accessing User Databases, the Company will act particularly in application of section 3.3.1, and in general with the GTC, the Privacy Policy and the applicable Personal Data Protection Law.
The Company providing the files to the Portal declares that for the development of the BIM Content files or BIM Objects, it has previously adopted the due diligence of observation and control in order not to violate the Copyright Rights, in particular:
a.- That commercially exploited software has been used for the development of BIM files. The Company acknowledges that the development of BIM files with trial or study mode software, cracked or pirated software will not be valid for creating BIM file content and it is understood that its use for the development of BIM files violates copyright law), and
b.- The BIM files provided to the Portal are not copies and/or modifications of files from other third party BIM File Libraries.
Likewise, the Company declares that the BIM Content or BIM Objects that it contributes to the Portal are its Intellectual Property and can prove it at any time.
Bimetica, in the event that it suspects a potential infringement of Intellectual Property Rights (Copyright) in accordance with the previous paragraph (Article 3.3.3 in relation to the rest of the precepts of the GTC, legal texts and the Law itself), may at any time request the Company to accredit due compliance and non-infringement of Copyright Rights.
The documentation and information requested may be:
a.- Bimetica may request an invoice for the development of the BIM files if they have been developed externally by the Company. The purpose of this point is to accredit their development origin.
b.- Bimetica may request the invoice for the Software used for the development, whether it is the Company's or that of a third party contracted for the development. The purpose of this point is to link the purchase or use of the software with the development.
c.- Bimetica may request due accreditation of the licence or subscription number of the software used for the development. The purpose of this point is to link the software licence or subscription reference to the development.
d.- Bimetica may request the contact details of either a natural or legal person who has carried out the development. The objective of this point is to identify the due authorship and traceability of the development.
e.- Bimetica may request further information or documents in cases where the information or documents cannot be accredited in accordance with the previous points. The objective of this point is to link information to accredit the due development in accordance with the respect for Copyright Rights.
This documentation must be provided by the Company within 30 calendar days of the application. After the deadline, it will be understood not to have been provided. The documentation provided will be treated confidentially and its use will be exclusively for the purpose of accrediting the due development in accordance with the respect of the Copyright.
Bimetica will analyse the documentation provided, and will be authorised to investigate and consult the veracity of the data provided, either with the developers of the files themselves or with the distributors or owners of the modelling software to verify the information. These actions shall be carried out in strict confidentiality.
In the event of detecting that there is an express infringement of the Copyright Rights, Bimetica may suspend the services to the Company, without this meaning the termination of payment for the services contracted from Bimetica. Likewise, Bimetica reserves the right to report the alleged infringement of Copyright Rights to the competent Authorities.
Bimetica warns that it is not its function to control whether or not the Company complies with the adequate application of Intellectual Property Rights. However, by philosophy and respect for the laws and being a platform open to the public and companies in general, Bimetica defends good market practices, so it may at will exercise action and control mechanisms, with the aim of seeking a fair, healthy and fair competition.
The Company will have access to publish and edit its product profiles on the Portal. The Product Profiles function as an advertising showcase for the products. These Product Profiles represent the technical and commercial characteristics of the Company's product.
From these Product Profiles, the User will access BIM files and other content files, as well as information dumped and controlled by the Company.
The Company undertakes to publish truthful and appropriate information about its products, without infringing copyright, the right to competition or the right of publicity, as well as other related rights. The Company undertakes to control and ensure that the information published is true, clear and complete.
Bimetica, in the event of detecting a possible infringement of the rights mentioned in the previous paragraph, regarding the information and contents published in the Company's Product Profiles, will notify the Company of these facts, so that it can provide the necessary arguments, corrections or documentation.
Bimetica will assess this information and on that basis may continue to maintain the service linked to the Product Profile or partially or totally suspend the service linked to the Product Profile, until the potential infringement of the aforementioned rights is resolved.
The Company expressly authorises Bimetica, in accordance with an express and prior commercial relationship, to use the logo or Brand of the Company or Group of Companies when necessary for the development and execution of the different services and within the strict limits established by the Company, and which were previously communicated to Bimetica.
For this purpose, Bimetica may use by all its means, the Company's Trademarks and images of its products for publication on the Portal, Bimetica Group websites, Social Networks, Events or similar media.
In the event that the Company does not agree to the total or partial use of the Trademark and images of its products, it may notify Bimetica in writing, by sending an e-mail to info@bimetica.com and detailing how it wishes to exercise its trademark and image rights. Bimetica will comply with the Company's decision within 30 calendar days of notification.
The Company warrants that it has the ownership for the use and assignment of the Trademark Right and product images.
The Company must immediately inform Bimetica of any change in the situation regarding the Trademark Right, as well as any change in the logo or Trademark, and in the product images.
The Company is liable in particular for the breach of articles 3.3 to 3.3.6 of the GTC and in general terms for the general liabilities arising from the breach of the GTC, the legal texts and the law.
Likewise, the Company exempts Bimetica from any claim, sanction, tax, fine, costs, management expenses or compensation, resulting from the violation of the aforementioned legal precepts and laws mentioned in the previous paragraph.
4. REGISTRATION PROCEDURE
Registration as a User or Company on the Portal is free of charge, unless there is a change in the commercial policy of the Portal, or the special connectivity and media requirements of each User or Company.
In order to register and enjoy the services offered by Bimetica, the User must fill in a form and register by following the steps below:
a.- Fill in the registration form with the requested data. In the form there are mandatory boxes, so the absence of such information in the boxes will not imply access to the services and contents.
b.- Carefully read the GTC of the service, as well as the Legal Notice, Privacy Policy and Cookies Policy and must be familiar with them in order to accept them. The User, as well as the Company, are under no obligation to register and may take the time they deem necessary to read and be aware of the legal conditions of the Portal.
c.-. Accept, by clicking on the Accept and Read button of these conditions.
The purpose of collecting and processing Users' personal data is in accordance with the Privacy Policy, for the management of articles 3, 5, 6, 8, 9, 12, 14, 16 and 17 of the GTC, to manage and administer the contracted services in general, their analysis, the control of the flow of consumer information, as well as the statistical study, the sending of advertising, commercial promotions or competitions.
Bimetica, will request through the registration form the express consent of the User for the sending of commercial communications on accepting these GTC, governed by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
Bimetica may establish automatic or manual mechanisms for the control of registration and registration, with the aim of detecting errors or possible fraud in the information.
The User may access his or her account and review the information provided and make any necessary changes to such information or the configuration of his or her account with Bimetica at any time.
The User may at any time proceed to close his/her account, being subject to those provisions and clauses that derive from and are applicable in accordance with these GTC.
The closure of an account shall not entail any cost for the User.
Bimetica may close, disable, control, request clarifications and fulfilment of the contract in the case of detecting fraudulent information from the User. In the event that the User had given fraudulent information and generated damage in the use of the Portal services; Bimetica and the Company reserve the right to exercise the pertinent claims and actions, as well as to inform the pertinent Authorities of the fraudulent actions.
Article 23 paragraphs 1 and 3 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, on the validity and effectiveness of contracts concluded electronically:
"Contracts concluded electronically shall have the same validity and shall produce all the effects of the Civil and Commercial Legal System". The Contract is perfected from the moment that the User or the Company expresses their agreement with these general conditions by clicking on the Accept and Read button of these conditions and after having filled in all the obligatory fields of the registration form provided at www.bimetica.com.
Once the GTC have been accepted, the User will receive an automatic notification at the e-mail address provided to Bimetica within 24 hours (except for technical problems), including information regarding his/her user name, password and a link to the subscribed GTC. The sending and receipt of the e-mail may not reach its destination due to technical reasons beyond Bimetica's control. Should this problem occur, the User or Company is requested to contact Bimetica at info@bimetica.com, so that we can proceed to resolve the incidents affecting the User or Company.
Once registered, the User will be able to modify his/her password and update his/her data as many times as he/she deems convenient.
It is equally valid, any other form of contracting provided by law, and that the parties use to formalise the object of this contract.
The User accepts that it will not be necessary to confirm receipt of the acceptance of the contract when this has been concluded exclusively by means of the exchange of electronic mail or other equivalent type of electrical communication, in accordance with article 28.3.b) of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and also understands the acceptance of these GTC in development of article 5.3 of Law 7/1998, of 13 April, on general contracting conditions.
The parties agree to legally equate the User's autographic signature to that made by means of any type of key, identifying security elements or codes. Notwithstanding the foregoing, Bimetica may at any time require written confirmation of the signature, as well as a copy of the User's identification document in order to verify the User's identity data and signature.
Users will be able to download BIM files (BIM Content and BIM Objects) free of charge upon registration.
Bimetica's or the Company's commercial policy on free downloads may change, and some BIM files may be subject to a charge, and downloading may be temporarily limited, either in whole or in part.
The User shall always be informed in the case of downloads for a fee or in the case of temporary download restrictions. The User shall always take an active role in monitoring the download.
Bimetica guarantees both the legitimacy of the sources used in the elaboration of its User Database, and the procedures carried out for its creation, as well as the legality in the collection of personal data, the collection of which is adapted, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR).
However, when registering, the User provides the data that he/she considers appropriate, or with errors or fraudulent data. Bimetica cannot guarantee that the User can act with loyalty in the information provided at all times. In these cases, Bimetica and the Company may act in accordance with section 5 of the GTC, in defence of their legitimate rights.
Bimetica provides the Company with tools, forms, storage sites and other means so that information on products and services can be uploaded. This action exercised by the Company is free and voluntary. The Company is therefore responsible for the information and veracity of the data it provides to its Product Databases and makes available and known to the market and Users.
Bimetica will apply the control mechanisms and good practices, in particular those of articles 3.3.2, 3.3.3 and 3.3.5 of the GTC and, in general, those that the legal texts and laws provide.
Bimetica provides the company with measurement tools to analyse:
The legitimacy of the statistics data comes from the interaction between the User and the different tools and contents provided by the Portal and the Company.
Bimetica may establish mechanisms for the control and legitimisation of the information in the interaction carried out by the User.
Bimetica reserves the right to modify its programmes and Database, as well as the systematisation of the data supplied and the technical characteristics of access and transmission. When such changes do not allow a compatible use with the previous versions installed, Bimetica will inform the contract holder at least 30 calendar days in advance.
Likewise, it reserves the right to partially or totally interrupt the service due to technical changes or breakdowns, and may previously notify the User or the Company in writing or by means of notice in any other reliable form. Bimetica reserves the right to create or add new data, modify, substitute, revise and/or improve or cancel any Information or service, as well as to introduce the necessary elements to facilitate the control of its use during the validity of the present contract.
Amendments to the Legal Texts shall be made in accordance with the procedure referred to in article 1.2 of the GTC.
The Information object of the present contract, materialised in the BIM Content files, BIM Objects, Bimetica's own BIM Objects, as well as Bimetica's own Database, together with the content of the web page, the services and commercial strategies, are the exclusive property of Bimetica, except for those transferred by their legitimate owners. These rights are protected by the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, according to the wording given by Law 5/1998 of 6 March, and international regulations and agreements, with the object of protection being not only the data contained therein, but also the compilation/systematisation of data, in the terms set out in the current Intellectual Property Law.
Access to the Information and, where applicable, to the Portal's Database, authorised and regulated by means of this contract, does not imply the transfer of any Industrial and Intellectual Property rights to the Company or to the User.
11) CONFIDENTIALITY
The User: The downloaded contents are for the exclusive and sole use of the User, who is obliged to maintain total confidentiality in relation to the data and information downloaded, within the terms of the exercise of his or her profession. The User may not transfer this information or any part of it to third parties without the prior written consent of Bimetica. These confidentiality obligations will subsist even after the contractual relationship with Bimetica has ended. The User will therefore be responsible for any misuse or leakage that may occur among his or her personnel or any third party to whom he or she has communicated the Information.
The Company. The Company will have access to statistical data, as well as unique and strategic use tools within the Portal, as well as to Users' personal data, and Bimetica's own commercial data and combined with the Company. The Company recognises the confidential nature of the information to which it accesses and will use it responsibly, and may not grant all or part of this information to third party platforms that represent direct or indirect competition to Bimetica.
In the event of a breach of confidentiality, Bimetica will be able to exercise the pertinent claims and actions that may be applicable by law.
12.1 Although Bimetica dedicates the greatest effort and care to ensure that the information supplied is correct and reliable, due to the fact that the information with which the contents are elaborated is based on data supplied by sources over which Bimetica does not always have control, Bimetica does not provide guarantees regarding the accuracy, reliability, measures, or adequacy of the information supplied, nor does it respond for possible errors, oversights, lack of correspondence, or omissions in the same. Consequently, the User and the Company may not be held liable for any damages or harm derived from errors and/or incorrectness or inaccuracy in the downloads provided, as well as the information generated on the Portal.
12.2 Bimetica shall not be liable for any damage or loss resulting from negligence, delay or error on its part, including its officers, employees, collaborators and agents, in transmitting information and file downloads under this contract, or in providing the contracted services.
12.3 Bimetica shall not be liable for any damage that may be caused by the incorrect functioning of the Database, BIM Content or BIM Object, caused by external technical means, such as any hardware and/or software element necessary for the Information supplied to function or to make the connection, expressly declining any liability in the event of malfunction of the telephone supply network, internet and/or software or hardware provider.
12.4 Bimetica does not guarantee the suitability of the content of the BIM Content or BIM Object files for their specific purpose. The User agrees that the files downloaded and supplied from the Portal may be an additional element to be taken into account in the preparation by the User of his/her professional projects, however, he/she releases Bimetica from all liability for the lack of suitability of the files for the project.
12.5 Bimetica is liable for direct and actual damage caused by gross negligence, as well as for compensation for damages, which this may cause.
12.6 Bimetica will not be responsible for line or internet failures, erroneous or failed connections, inaccurate downloads, as well as any external event that impedes the free provision of the download service. Nor will Bimetica be responsible for not being able to respond in time to the queries and complaints made by the User.
12.7 The User and Company passwords, as well as the Password that Bimetica provides to the User and the Company to access its services are personal and non-transferable. Bimetica will only provide them to the e-mail address indicated in the registration form. The use, storage, transfer and confidentiality of this password are, at all times, the responsibility of the User and the Company. It is recommended not to communicate the passwords to third parties, make them public, send them by e-mail or any other means of rapid dissemination. The User shall be responsible for the dissemination of the same among his employees or with third parties of any kind. It is also recommended that the passwords are updated by the User or the Company within a period not exceeding 4 months.
If you believe that someone has gained access to your password, you should change it immediately.
The User and the Company will not be able to object to Bimetica the downloads or consumption carried out by the personnel in their charge or by any third party, who have had access to the keys, even if they have been produced outside their guidelines or due to the lack of control or due diligence in their custody or failures in the security measures of their systems or any other cause beyond Bimetica's control.
The User and the Company must bear in mind that Bimetica will never request your security key or password via e-mail or any other means, with the exception of the request for a change of the same by the User or the Company that holds the contract. If you receive an e-mail requesting your password, it should be considered suspicious and unauthorised. It is recommended that you notify this e-mail to info@bimetica.com.
Bimetica will be able to block the access codes or passwords of the intervener if access is attempted with incorrect passwords. In the event of blocking, to proceed to activate them, you must contact the "User Service" by sending an e-mail to info@bimetica.com.
Bimetica, will be able to establish control and monitoring mechanisms on the access and navigation of the User or the Company in the Portal, with the purpose of monitoring the correct use of the Portal services or detecting possible frauds.
12.8 Bimetica reserves the right to refuse to provide services to the User and the Company for commercial reasons, for incorrect or fraudulent use.
12.9 The deadline for delivery and/or downloading of content shall be immediate. If the download of BIM Content or BIM Object files is not effective within a reasonable period of time and with the exception of connection problems or the failure of the internet supply network, the "User Service" must be contacted, and Bimetica must be informed of the problems and incidents in order to find a solution for the provision of the service. Bimetica will not respond economically or for damages to the User or the Company for possible delays in downloads.
12.10 Bimetica shall not be liable for failed downloads of BIM Content or BIM Object files due to the User's software not meeting the minimum necessary requirements, as well as for malfunctioning of the software, in all cases being the responsibility of the software manufacturer.
12.11 Bimetica will use data authentication mechanisms that allow secure verification of the User's identity in order to avoid impersonation and unauthorised access. All personal data provided by Users or Companies in a fraudulent or false manner may be considered a crime of falsification of commercial documents. Bimetica reserves the right to inform the State Security Authorities and Bodies of fraudulent attempts of identity theft in the contracting of its services.
12.12 Bimetica reserves the right to subcontract with other natural or legal persons in order to carry out the obligations arising from this contract.
The User and the Company may not transfer this contract, nor delegate any of the obligations derived from it, without the prior consent of Bimetica. However, Bimetica may assign the rights and obligations derived from the present contract by any legal transaction to third parties, informing the User of this and without requiring the prior consent of the User and the Company.
The initial duration of this contract is 12 months from the date on which the User and the Company accept these GTC. Upon expiry, it will be automatically extended for successive periods of the same duration.
Early Termination:
14.1. BY THE USER:
The User may terminate the contractual relationship with Bimetica at any time, without this giving rise to any compensation between the parties, except for those extraordinary costs that the User particularly generates for Bimetica, or for inadequate or fraudulent use of the Portal services.
The early termination or request for cancellation of the service must always be notified in writing to Bimetica, either to Bimetica's postal address or by e-mail to info@bimetica.com. Likewise, the requesting User must identify himself/herself correctly (he/she must provide full name and surname, the subscription e-mail and the registered contact telephone number).
The User's cancellation process shall be processed within thirty (30) calendar days from the date of receipt of the cancellation notification.
The Company may terminate the contractual relationship with Bimetica at any time, and must comply, if applicable, in accordance with the provisions of the CGPSV, these GTC and what is applicable in accordance with the legal texts and laws.
The early termination or termination of the contract between the Company and Bimetica must always be notified in writing to Bimetica, either at Bimetica's postal address or by e-mail to info@bimetica.com. The requesting Company must also identify itself correctly (it must provide its full name and surname, subscription e-mail address, contact telephone number, company name, tax identification number, full address and a full justification for the termination).
The process of termination of the Company shall be managed within thirty (30) calendar days from the date of receipt of the notice of termination of the contract.
Particular case of BIMHosting Renewal. If the Company does not wish to renew the BIMHosting service, it must communicate it ninety (90) calendar days prior to the end date of each contracted period. The communication of the non-renewal must be made in writing, via e-mail to info@bimetica.com or by registered letter to an official address of Bimetica. In case of not notifying the non-renewal of the BIMHosting in due time and form, the Company expressly accepts the contracting of the BIMHosting service for the same period and for the amount of the plan that corresponds according to the tariff in force.
14.3. BY BIMETICS
Bimetica will be able to resolve the contractual relationship, by means of written notification to the User or the Company by any channel that has data of the same. The User and the Company, are obliged to terminate the contractual relationship, within thirty (30) calendar days from the reception of the notification, and must exercise all necessary action for the effective termination.
In cases of inappropriate use of the service or detection of fraud, Bimetica will not be obliged to notify and may exercise automatic termination without this giving rise to any right of claim or compensation to the User or the Company.
Upon termination of the contractual relationship for any of the reasons foreseen, the provisions of the GTC shall continue to apply between the parties in respect of those rights that are still outstanding. The termination of the contract does not entail the extinction of the obligations that have arisen between the parties and were pending execution up to the time of the contractual termination.
In the event of termination or cancellation of the contract, Bimetica will automatically block the User's or Company's account. In this case, the User must immediately delete all downloaded BIM Content files or BIM Objects in its database.
These GTC leave without effect all previous GTC, and constitute, together with the legal texts, the entire agreement between Bimetica, the User or the Company. If any of the clauses of the present contract are voidable or null and void, they will be considered not to be in force, and the rest of the clauses of the contract will remain in force.
Modification of the Contract: Bimetica may modify these GTC and as mentioned in article 1.2 of the GTC.
Bimetica may inform of these updates in the following ways:
a.- Either by individual written notification to the Contract Holder, at the contact e-mail address.
b.- Either by publishing the updates of the legal texts on the Portal
The User or Company has sixty (60) calendar days to communicate their disagreement with the new updates of the GTC and legal texts.
If the aforementioned period elapses without the User or the Company having expressed their opposition to such modifications, this will imply full acceptance by the User and the Company of the new conditions.
If the User or the Company does not accept the proposed modifications communicated to it, it may withdraw from the contract and terminate it, in accordance with the provisions of clause 14 of the GTC.
Personal data will be processed and subject to Bimetica and the Company in accordance with:
Before initiating legal proceedings, Bimetica will look for ways to resolve the conflict amicably, using mediation or arbitration.
Bimetica will make use of the civil or criminal actions that by law correspond to any non-observance or violation of the GTC and other legal texts, as well as for the improper use of the contents of the Portal.
Any disputes that may arise in relation to the terms and interpretation of this contract (legal texts) shall be governed solely by Spanish law. In particular these conditions are subject to the provisions of;
For the resolution of any extrajudicial or judicial dispute arising from the interpretation and/or fulfilment of the GTC and other legal texts, the parties, waiving any other general or special jurisdiction that may correspond to them, or because the User's residence or domicile is outside Spain, submit to the Courts and Tribunals of the city of Barcelona.
In the event that Bimetica has provided a translation of the Spanish language version or other languages of the legal texts or any other binding documentation, the User or the Company accepts that such translation is only provided for the convenience of the User or the Company and that the Spanish language version shall govern the relations with Bimetica.