1.2. Bimetica Parametric Design Services, S.L., is domiciled at calle Vigo N ° 30, 1º 4ª, CP. 08901, L`Hospitalet de Llobregat (Barcelona), Spain, CIF B-65592925; registered in the Mercantile Registry of Barcelona; Volume 42626, page 110, page 410653, 1st inscription; Contact telephone number 34 + 93-2267322 and contact email firstname.lastname@example.org; is the legitimate owner of the Bimetica® brand, the Content Database and the Portal and the domain www.bimetica.com.
Service Provider: Bimetica Parametric Design Services, S.L., (hereinafter Bimetica or the Provider), is the provider of the different services provided on the web portals.
Registered User: Registered User (hereinafter User), will be considered to be the legal person or natural person of legal age, who wishes to use the different services of the portals and the Content Database provided by the Provider, to use it in a exclusive in his professional activity, related to the architecture sector, interior and exterior design, the construction sector, mechanical, industrial and civil engineering among others. Children under eighteen will not be accepted as users.
Manufacturer Company: The Manufacturer Company (hereinafter Company) is considered to be the Legal person, Institution or Association that contributes the contents of its products (brand or generic) to the portal.
Manufacturer / Distributor: It is the company that is linked to the construction and engineering market, and that has a product that, due to its characteristics, can be developed in any BIM or non-BIM content format.
Manufacturer Registration: It is the service that BIMETICA makes available to the User Company Manufacturer / Distributor so that they can notify their registration in the library of Bimetica products and services.
BIM: is the abbreviation of Building Information Modeling (Modeling of the information for the construction).
Content: any type of file or information downloaded or obtained through the Portal.
BIM content: It is a file that contains the 2D or 3D design of a product or article that includes geometry, special relationships, manufacturer information, as well as the quantities and properties of the components of its construction or assembly. Also called, BIM Objects, BIM Files, BIM Library, 3D Library, BIM Library, 3D Library among other descriptive.
BIM Directory: It is a public and open list for consultation on 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 web or contact email. All links or emails are public and open, without express restriction on the part of their owner.
Cookies: A cookie is a file that is downloaded to a computer when accessing certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
The purpose of this Contract is to regulate the General Conditions. Those relating to the User:
a.- granting the User a license for personal use of worldwide coverage, non-exclusive through the internet network for downloading files and BIM content from the Content Database offered from the page www.bimetica .com,
c.- The User, "Expressly and unequivocally authorizes Bimetica" to be able to transmit their contact information through the Portal, when the following situation occurs. That the User download files from that manufacturer that has a PREMIUM account with Bimetica. For informational purposes, all company profiles report the type of Company account, which may be the 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 has to do is not download any content from the Company that has contracted a Premium Plan.
d.- the communication of data, information, advertising and / or promotion of services to the User, and news about products and services related to BIM technology
By accepting these General Conditions through the registration process, it will be understood that the User is giving express consent to these terms and conditions. Said acceptance will provide the User with the use and enjoyment of Bimetica services during the duration of the contractual relationship between the parties.
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable.
With a merely illustrative character, the User, in accordance with current legislation, must refrain from:
a.- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented to by Bimetica or by whoever holds the ownership of the exploitation rights, where appropriate.
b.- Reproduce or copy for private use the Content 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 the 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 Users.
BIM files or content will be understood to be files developed with Revit ©, Archicad ©, Allplan © software, with IFC format or with similar qualities that are hosted on the Portal.
The BIM files of the Bimetica Portal can only be used to be incorporated (prescribed) in construction projects in their different phases, models, pre-projects, executive project, or maintenance.
a- The User guarantees that the use of the Database, and of the other services that are the object of these general conditions, is exclusively to guarantee the development, fulfillment and control of a freely accepted legal relationship. The User agrees that the information provided by the Provider may be one more element to take into account in professional projects, but may not take such downloads as the exclusive ones for the development of their projects. Likewise, the User releases Bimetica from all responsibility for decision-making in professional projects undertaken by the User that are based on Bimetica's file downloads. Likewise, it is at the discretion of the User and therefore releases Bimetica from all responsibility for the possible lack of adequacy of the content and the use of it to enforce it before courts and / or courts, public administrations or any other public body or private third party. for any reason of your interest.
b.- The User guarantees that they will not access or interfere with the Bimetica web pages by means of robots, spider, routine software or any automatic or semi-automatic system to monitor, copy or download its content for another unauthorized purpose without prior authorization provided by Bimetica written. The User agrees that they will not take any action that may impose unreasonable or disproportionate loads of information on the data transfer infrastructure of the service.
c.- Bimetica reserves the right to cancel the access codes and the provision of the information due to the violation or breach by the User of any of the obligations to use the information.
a.- Accumulate or make private or public databases of the BIM files downloaded from the Portal. For practical purposes, the Portal provides access to files at all times so that private or public databases are not generated.
b.- The BIM files be used to remake other BIM files, altering the identity parameters such as manufacturer data, unique characteristics of the product, author and owner of the BIM file. The BIM file cannot be modified or emulated in relation to other similar products. This rule can only be excepted when the original file is modified to adapt it to a construction project in accordance with the uses authorized by Bimetica.
c.- Download the BIM files to be used or contributed as content for public or private tenders, whose purpose is to create a database of BIM or 3D file libraries. 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 organizations may not use the BIM files of the Bimetica Portal as the subject of their tenders, unless they expressly request Bimetica, in which case they may or may not grant their use.
d.- BIM files be used as an example of services or products to offer development of BIM libraries or similar services.
e.- Being used to deceive or lie to construction agents in order to provide services associated with the development of BIM Libraries or similar.
f.- Market the BIM files individually or as databases. Having an economic or in-kind consideration, selling or reselling the files, modifying or altering the files to consider them as your own audit, will be considered an inappropriate one.
g.- Publish BIM files on websites, or platforms, without having the express authorization of Bimetica or third party companies participating in the Bimetica portal.
Failure to comply with these presumptions will be understood as improper appropriation of the intellectual property of Bimetica or of third companies participating in the Bimetica portal.
The sections that concern the infringement of intellectual property may be applied retroactively.
The violation of any of the precepts contemplated in the previous section will entitle Bimetica or be able to exercise a civil action to claim an amount as compensation for a maximum amount of up to € 2,000.00 for each BIM file whose right is violated.
Likewise, Bimetica, reserves the right to exercise the appropriate criminal actions.
Bimetica warns of the possible use of data authentication mechanisms that allow to securely verify identity. Bimetica reserves the right to inform the State Security Authorities and Bodies of fraudulent identity theft attempts when hiring its services.
The purpose of this Contract is to regulate the General Conditions. Those related to the Company:
a.- The concession to the Company of a space contracted in the Portal, to display the brand and products of the company. The space will be conditioned by the type of Plan contracted. The plans are, Plus, Pro and Premium.
b.- Offer the service of downloading the company's files to the Users of the Portal.
c.- Offer an online report of statistics on downloads linked to the plan contracted by the company.
d.- Offer the service of notifications and management of contact forms generated by the activity of the Users. The Company may access the user's contact information (E-mail, name, surname and telephone number) when these originate during the period in which the Company has an account with a Pro or Premium hosting plan. Access to this data may not be given retroactively when moving from an account with a Plus hosting plan to a Pro or Premium hosting plan.
e.- Offer access to the User Database, only to those Users who have expressly authorized the session of their Bimetica data to the Manufacturer. For this, the Company must contract a PREMIUM Plan.
a.- The Company declares that the content uploaded to the Portal respects the Intellectual and Industrial Property Rights, the right to Trademark, Advertising and Unfair Competition.
b.- That they will make an ethical and responsible use of the Portal.
c.- That, in the case of accessing User Databases, the Company will act in accordance with the Personal Data Protection Law. Subsequent contact with the User is obliged to be only for technical information purposes, relative to the specific query or request made by the User. Contact for commercial purposes is expressly prohibited.
d.- The company undertakes to keep the User's contact information for a period of one year. After this period, it is obliged to delete or eliminate the contact.
The Company exempting BIMETICA from any claim, costs or compensation, as a result of the violation of the aforementioned rights.
Registration and registration as a Bimetica User is free, except for the details of the User company Manufacturer / Distributor
To register and enjoy the services offered by Bimetica, the User must follow the following steps:
4.1. Fill in the registration form with the requested information. In the form there are mandatory boxes, so the absence of such information in the boxes will not imply the User character, and therefore be a beneficiary of the Provider's services.
4.3. Accept by pressing the Acceptance and Reading button of these conditions.
The purpose of collecting and treating the personal data of the Users is for the administration of the contracted services, their analysis, the control of consumption information flow, as well as the statistical study, the sending of advertising, commercial promotions or contests. . Bimetica, through the registration form, will request the express consent of the User to send commercial communications, governed by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
The User may access his account and review the information provided and make the necessary changes to said information or the configuration of his account with Bimetica at any time.
The User may at any time proceed to close his account, remaining subject to those provisions and clauses that are derived and are applicable in accordance with these General Conditions. Closing a personal account will not entail any cost for the User.
Article 23, section 1 and 3 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, provides for the validity and effectiveness of contracts concluded electronically: “Contracts concluded electronically, they will have the same validity and will produce all the effects of the Civil and Commercial Law”. The Contract is perfected from the moment the User agrees with these general conditions by pressing the Acceptance and Reading button of these conditions and after having completed all the mandatory fields of the registration form provided at www.bimetica.com.
Once the General Conditions have been accepted, the User will receive an automatic notification at the email address provided to Bimetica within 24 hours, including the information related to their username, password and a copy of the General Conditions subscribed. In the User registration, Manufacturer / Distributor company, Bimetica will proceed to the personalized contact. Once registered, the User may modify his password, as many times as he sees fit. However, as it is a technical and automatic element, the receipt of said email may not reach its destination due to technical causes beyond Bimetica's control. If this inconvenience occurs, the User is requested to contact the Provider at the email address email@example.com, so we can proceed with the remission of the contract in the subscribed terms and the new password.
It is equally valid, any other form of contracting than those provided by law, and that the parties use to formalize the object of this contract.
The User accepts that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by email exchange or other equivalent electrical communication, in accordance with article 28 section 3, b) of Law 34 / 2002, of July 11, on Services of the Information Society and Electronic Commerce, and Royal Decree 1906/1999, of December 17, which regulates telephone or electronic contracting with general conditions in development of the article 5.3 of Law 7/1998, of April 13, on general contracting conditions.
The parties agree to legally equate the User's handwritten signature to that made using any type of key, identifying security elements or codes. Notwithstanding the foregoing, Bimetica may require at any time confirmation of the signature in writing, as well as a copy of the User's identification document in order to verify the User's identity data and his signature.
By registering, Users can download BIM files and content for free.
Bimetica guarantees both the legitimacy of the sources used in the elaboration of its Database, as well as the procedures carried out for its creation, as well as the legality in obtaining personal data, the collection of which is appropriate, in compliance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which it is repealed Directive 95/46 / EC (General Data Protection Regulation). However, the User undertakes to observe the provisions of said Law, when necessary.
Bimetica reserves the right to modify its programs and Database, as well as the systematization of the data supplied and the technical characteristics of access and transmission. When these changes do not allow a use compatible with the previous versions installed, Bimetica will notify the contract holder at least one month in advance. Likewise, it reserves the right to partially or totally interrupt the service due to technical changes or breakdowns, previously communicating it to the User in writing or by means of notice in any other skillful way. The company reserves the right to create or add new data, modify, replace, revise and / or improve or cancel any information or service, as well as introduce the elements necessary to facilitate the control of its use during the term of this contract.
The Information object of this contract, materialized in the files and BIM Content and available in the Bimetica Database, in the library of the web www.bimetica.com, together with the content of the web page and its services, are property exclusive of Bimetica, except those assigned by their legitimate owners, as an object of intellectual property and are protected by the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Law of Intellectual Property, according to the wording given by Law 5/1998 of March 6, being the object of protection not only the data contained therein, but also as data collection / systematization, under the terms provided in the current Intellectual Property Law. Access to the Information and, where appropriate, to the Provider's Database, authorized and regulated by means of this contract, does not imply the transmission of any Industrial and Intellectual Property rights.
The downloaded contents are for the exclusive and sole use of the User, for which they are obliged to maintain total confidentiality in relation to the data and information downloaded, in the terms of the exercise of their profession. The User may not transfer said information or part of it to third parties without the prior written consent of Bimetica. These confidentiality obligations will continue even after the end of the contractual relationship with the Provider. The User will therefore be responsible for any misuse or leakage that occurs between their staff or any third party to whom the Information has been communicated.
12.1 Although Bimetica dedicates the greatest effort and care to ensure that the information provided is correct and reliable, due to the fact that the information with which the contents are prepared is from the data provided by sources over which Bimetica does not always have control, Bimetica does not provide guarantees regarding the accuracy, reliability, measurements or adequacy of the information provided, nor is it responsible for possible errors, misalignments, lack of correspondence or omissions in it. Consequently, the User will not be able to demand any responsibility for damages and losses derived from errors and / or incorrectness or inaccuracy in the downloads provided.
12.2 Bimetica shall not be liable for any damage or loss resulting from negligence, delay or error on the part of you or its directors, employees and agents when procuring, transmitting the file downloads that are the object of this contract, or when providing the contracted services.
12.3 Bimetica is not responsible for the damages that the incorrect operation of the Database may cause motivated by external technical means, such as any hardware and / or software element necessary for the information provided to function or to make the connection, expressly declining any responsibility in case of malfunction of the telephone supply network and / or software or hardware provider.
12.4 Bimetica does not guarantee the suitability of the content of the files and BIM Content for its specific purpose. The User agrees that the files downloaded and supplied by Bimetica may be one more element to take into account in the preparation by the User of their professional projects, however, it releases Bimetica from any responsibility for the lack of adequacy of the files. to the project. Likewise, it remains at the discretion of the User and therefore frees Bimetica from all responsibility for the possible lack of adequacy of the content and the use of the same to enforce them before courts and / or courts, public administrations or any other public body or third party. particular for any reason of interest.
12.5 Bimetica is responsible for damages caused by gross negligence, as well as compensation for damages.
12.6 Bimetica is not responsible for line drops, erroneous or failed connections, inaccurate downloads, as well as any fact that prevents the free provision of the download service. Bimetica will not 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 codes, 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 provide them only to the email 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 keys to third parties, to make them public, to derive them by email or any other means of rapid dissemination. The User will be responsible for the dissemination that he makes of them among his employees or with third parties of any kind.
If you believe that someone has had access to your password, you should change it immediately.
The User and the Company may not object to Bimetica the downloads or consumption made by the personnel under their charge or by any third party, who have had access to the keys, even if they have occurred outside of its guidelines or due to the lack of control or the due diligence of their custody or failures in the security measures of their systems or any other cause beyond Bimetica.
The User and the Company must bear in mind that Bimetica will never request their security code or password through e-mail or any other means, with the exception of the request to change it by the User who owns the contract. If you receive an email asking for your password, it is considered suspicious and unauthorized. It is recommended that this email be notified to firstname.lastname@example.org.
Bimetica will be able to block the access codes or password of the intervener if an attempt is made to access with the wrong passwords. In case of blocking, to proceed to activate them, you must contact the "User Attention Service" by sending an email to email@example.com.
12.8 Bimetica reserves the right to refuse the provision of services to the User and the Company for commercial reasons or for uses and policies of business interest.
12.9 The delivery and / or content download period will be immediate. If the download of files and BIM Content is not effective within a reasonable time and with the exception of connection problems or internet supply network failure, you should go to the "User Attention Service", and inform Bimetica of problems and incidents to find a solution to the provision of the service. Bimetica will not respond to the User for possible delays in downloading BIM files and content.
12.10 Bimetica will not be responsible for failed downloads of files and BIM Content due to the failure of the User's software to meet the minimum necessary requirements, as well as for a malfunction of the software, being in any case the responsibility of the software manufacturer.
12.11 Bimetica will use data authentication mechanisms that allow the identity of the User to be securely verified in order to avoid impersonation and unauthorized access. All the personal data provided by the Users or the Companies in a fraudulent or false way may be considered as a crime of falsification of commercial documents. Bimetica reserves the right to inform the State Security Authorities and Bodies of fraudulent identity theft attempts when hiring its services.
12.12 Bimetica reserves the right to subcontract with other natural or legal persons in order to carry out the obligations derived from this contract.
The User may not transfer this contract, or delegate any of the obligations derived from it, without the prior consent of Bimetica. This company may, however, assign the rights and obligations derived from this contract for any legal business to third parties, informing them of this and without requiring the prior consent of the User. The User may always exercise their rights in accordance with section 17 of the General Conditions.
The initial duration of this contract is 12 months from the date the User accepts these General Conditions. Upon expiration, it will be automatically extended for successive terms of equal duration.
The User may terminate the contractual relationship at any time, without any compensation to the Service Provider, except for those suggested by injury to the Service Provider or those arising from contradicting the terms of the General Conditions. The early termination must always be communicated to Bimetica in writing (email, postal mail) at least fifteen (15) days before the date on which the withdrawal is desired to become effective.
The Company may request the termination and cancellation of Bimetica's services on the Web 15 days in advance of the effective cancellation. The termination communication must be made in writing.
The withdrawal will not give any right of refund for the Company. Likewise, it will be considered that you expressly waive the rest of the contracted services.
Bimetica may terminate this contract, by means of a written notification to the User or the Company through any channel that has its data, with a notice of fifteen (15) days, when there is a breach by the User or Company of any of the obligations established in the General Conditions, without such resolution of the right to claim or compensation whatsoever by the User or Company.
Bimetica reserves the right to modify the General Conditions of this contract, or cancel them in whole or in part, warning the User in advance of this, who must have an active attitude in observing possible modifications or cancellations of these General Conditions.
At the end of the contractual relationship, for any of the foreseen causes, the provisions of the General Conditions will continue to apply to the User and the Company. The conclusion of the contract does not imply the extinction of the obligations arising for the parties thereof and that were pending until the moment of the contractual resolution, unless expressly motivated by Bimetica.
Bimetica may automatically terminate the contract with the User or the Company, and without a period of fifteen days when it detects fraudulent use of the service and the General Conditions are seriously violated.
In the event of termination or termination of the contract, Bimetica will automatically block the User or Company account. In this case, the User must immediately delete all the files and BIM Content downloaded from the Bimetica Database.
These General Conditions nullify all previous agreements, understandings and commitments between the parties, and constitute, together with the specific conditions of the contracting plans that may exist, the entire agreement between Bimetica, the User or the Company. If any of the clauses of this contract are voidable or void by law, they will be considered as not being placed, the rest of the contract maintaining all its binding force between the parties.
Modification of the Contract: Bimetica may modify these General Conditions, and will inform of the aforementioned modification by one of the following ways:
a) Either by individual written notification to the Contract Holder at least one month in advance of its entry into force to the email provided by the User in the registration form.
b) Either by publishing the amendment, one month before its entry into force, in the section "News or Updates, or on the websites dedicated to legal texts" on the website www.bimetica.com, or in any other visible place on the web.
The course of the aforementioned period without the User or Company having expressed their opposition to such modifications, will imply full acceptance by the User of the new conditions. If the User or the Company does not accept the proposed modifications that are communicated to them, they may renounce the contract and terminate it, in accordance with the provisions of the clause "DURATION AND EARLY TERMINATION" or maintain, to the extent legally permitted, the above.
The company will make use of the civil or criminal actions that by law correspond, in the event of any non-observance of the General Conditions, as well as the improper use of the content in accordance with the terms of the Legal Notice. Disputes that may arise in relation to the terms and interpretation of this contract (General Conditions and Legal Notice) will be governed solely by Spanish law. In particular, these conditions are subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Royal Decree 1906/1999, of December 17, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998 , of April 13, of general contracting conditions, Law 7/1996, of January 15, of Retail Trade Regulation, Law 34/1988, of November 11, General Advertising, the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95 / is repealed 46 / EC (General Regulation and data protection) and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
For the resolution of any judicial controversy derived from the interpretation and / or fulfillment of the General Conditions, the parties, waiving any other general or special jurisdiction that may correspond to them, or because the residence or domicile of the User is outside of Spain, submitted to the Courts and Tribunals of Barcelona capital. However, if the User has his residence or domicile in Spain and is considered a "consumer", the above-mentioned submission clause will not apply, but the applicable jurisdiction will be the one that corresponds to him at all times according to said consideration.
In the event that Bimetica has provided a translation of the Spanish version into another language of the General Conditions, the Legal Notice or any other binding documentation, the User or the Company accepts that said translation is only provided for the convenience of the User or the Company and that the Spanish version of the General Conditions, the Legal Notice or any other documentation including future binding documentation, will govern the relations with Bimetica.