User Terms & conditions
These Terms of Service (the "Terms") describe the rules and regulations for the use of our Services (described below), so please read them carefully.
This is a contract between you and ApliCAD.
"We", "our" or "us" in these Terms means ApliCAD *.
* See section 3.2 below.
We develop and host ApliCAD UpdateBIM, a web-based software and plugin for Autodesk Revit developed by ApliCAD that allows manufacturers of construction products, engineering, etc. publish BIM Objects and other content that can be seen both on our website https://updatebim.aplicad.com and in the Autodesk Revit ApliCAD UpdateBIM plugin and allows registered users to search, browse and download BIM Objects and other content from the platform.
BIM object: (Building Information Modeling object) an object or file defined as an information container that contains information and/or data in 2D or 3D about a real product, element or component used in the construction process.
Content: any material that is visible, accessible and downloadable from the Autodesk Revit plugin – ApliCAD UpdateBIM, or from the web https://updatebim.aplicad.com, including (but not limited to) any BIM Objects, generic objects, files CAD, 3D, 3DS, IFC, PDF or any other file formats and including any product information or related images, materials or photos.
Client: a Manufacturer and/or any other third party that has acquired client services from ApliCAD UpdateBIM.
Manufacturer(s): manufacturer(s) of construction products that pay us for the creation of content and/or hosting services in which we publish BIM Objects and/or other Content representing their products in ApliCAD UpdateBIM. They can also be people or companies that are interested in maintaining their catalog of BIM objects for their strictly internal use and by explicit invitation to other people.
User: anyone who registers a free account and joins our Services. Users (as opposed to visitors) can download BIM objects and content, as well as communicate and collaborate with manufacturers.
Visitor: any person who accesses https://updatebim.aplicad.com or the Services but does not register a User Account. Visitors can view, but not download BIM Objects and Content.
These terms ("Agreement") govern the access and use of the ApliCAD UpdateBIM Platform and all related services, features and technology used, as well as the software that is generated by ApliCAD and that the user freely uses and that are offered under this Agreement.
The set of Services we offer can be consulted at https://www.aplicad.com or at https://updatebim.aplicad.com
These Terms apply to anyone who accesses and uses our Services, whether as a Visitor or a Registered User.
3.2 Who is your contract with?
ApliCAD UpdateBIM is owned by APLICACIONES DE CAD CAM YGIS, S.L., a company located in Spain, and for the purposes of contact and communication, it is established that the registered office is in Castellón, Calle Maria Teresa Gonzalez Justo, 26 – 12005 – Spain
You can contact us through the email email@example.com
3.3 Acceptance of these Terms
You agree that by clicking "Sign Up" or similar, creating an account ("User Account" or "Account"), or joining, accessing, or using our Services, you specifically acknowledge and agree that you have read, understand, and agree to You agree to these Terms in their entirety and you understand that you are entering into a legally binding contract with ApliCAD.
If you are accepting these Terms on behalf of a corporate entity, you warrant and represent that you are the authorized employee, agent or representative of that corporate entity and that you have the necessary authority to enter into these Terms.
If you do not agree to these Terms, please do not click "Sign Up" (or similar), register a User Account, or access or use the Services. If you are using the Services and you do not accept or stop accepting the Terms at any time, you must stop using or accessing the Services immediately. If you wish to terminate this Agreement at any time, you may do so by closing your Account as indicated below (in the case of a Registered User) and/or simply by ceasing to access or use our Products.
3.4 Additional Terms
Some of the Services, for example, the Developer API (available at https://apiupdatebim.aplicad.com) may require you to agree to specific terms and conditions in addition to these Terms.
If any part of the Services has additional terms and conditions, those terms and conditions will be clearly apparent when you access those parts of the Services.
As stated above, a customer is a Manufacturer and/or any other third party that has purchased ApliCAD UpdateBIM services. Customers and manufacturer's designated representatives/employees may also register as users to access and use services purchased by the associated customer entity.
For Customers (who accept these terms through their Designated Users or in any other appropriate manner), these Terms incorporate by reference and in their entirety the Data Sharing Terms between ApliCAD and Customer that govern their respective activities. of data processing as established in it. The Data Sharing Terms are included in Annex 1 of this document.
4.1 Changes to the Services
ApliCAD is constantly innovating and adjusting the Services. You are aware, acknowledge and accept that the form, nature, and content of the Services provided by ApliCAD may change and/or evolve from time to time without prior notice.
4.2 Availability or Termination of Services
In addition, you are aware, acknowledge and agree that ApliCAD may stop providing the Services at any time (permanently or temporarily) in whole or in part (or any feature within the Services) to you or any other Visitor and/or User for exclusive ApliCAD account, without prior notice. You are aware, acknowledge and agree that if ApliCAD disables access to your account, you may not be able to access ApliCAD UpdateBIM, the Services, any part of the Services, your Account details or any files or other content contained therein. in his account.
5.1 Paid services
Currently, registration of a User Account is free of charge and access to Basic Services is provided free of charge. Notwithstanding the foregoing, we may from time to time in our sole discretion decide to charge for certain portions of the Services and/or introduce or apply additional fees and charges for certain features or services, the "Paid Services".
When we do this, it will be made clear to you which of the Services are free and which are paid Services. If you purchase or sign up for any of our paid Services, you agree to pay us all applicable fees net of any taxes or withholdings.
You may also be required to agree to specific terms and conditions with respect thereto, if required.
You acknowledge and agree that failure to pay these fees or redress of any failure to pay these fees will result in a lack of access to or termination of the Paid Services.
5.2 Free trial
If we introduce any paid Service, we may, at our sole discretion, offer you the opportunity to try such paid Service free of charge for a limited time ("Free Trial"). Before the Free Trial ends, you must decide if you want to continue using the Paid Services, should we decide to offer them.
If you continue and do not cancel, you may be billed for services; we refer to this as a "Subscription". The Free Trial and any resulting Subscription will be subject to their own terms and conditions, which will be clearly posted and made available to you through the Services.
For the avoidance of doubt, nothing in the above sections 5.1 and 5.2 will represent, suggest or create an expectation or in any way obligate us (express or implied) to provide paid Services or Free Trials that we may or may not, in our sole discretion. discretion, enter.
6.1 Privacy and data protection
* The term personal information shall encompass both the EU concept of personal data and the US concept of personally identifiable information.
When you visit our Services, you have the option to accept/consent to cookies, including cookies we place (first party cookies) and third-party cookies. You can limit or disable cookies in your browser as you see fit.
6.3 Visibility of your personal information
If you are a Registered User, you understand, acknowledge, and agree that Manufacturers who purchase certain services have the ability to connect and communicate with you when you download your BIM Objects.
You further acknowledge and understand that although you may view any BIM Objects on the ApliCAD UpdateBIM platform and remain hidden, once you download the BIM Objects, the Manufacturer Partners may view some of your personal data.
If you are a User and you do not want to be visible, you should not download Objects from the ApliCAD UpdateBIM Platform.
6.4 communication by us
As a User, you acknowledge and agree that we will provide you with notices and messages in the following ways: (1) within the Services, or (2) sent to the contact information (generally your email address) that you provided to us upon registration. You agree to keep your contact information up to date. You acknowledge that if your contact information is not up to date, you may miss important notices.
You acknowledge, acknowledge, and agree that we may contact you about the following:
1. To provide you with other notices and messages related to the Services, including information about new products, changes or improvements to the Services;
2. To send you marketing or other promotional communications about the Services or products that we offer in ApliCAD UpdateBIM or any other related matter that we deem appropriate;
3. To provide you with communications regarding promotions, surveys (including user satisfaction surveys) and/or contests organized by ApliCAD, either alone or together with any of our Clients/Manufacturers;
4. 4. To respond to customer support inquiries or general inquiries submitted by you;
5. 5. Any other matter where we believe communication is necessary for your safety or to improve the Services and your use of them.
In consideration of your acceptance of these Terms, ApliCAD grants you a non-exclusive, non-transferable license to visit and use the Services as permitted by and strictly subject to these Terms. You are not permitted, under any circumstances, to sublicense, subcontract or assign all or part of your license to any other party without the prior written consent of ApliCAD.
ApliCAD, acting reasonably, reserves the right to withdraw the license to use the Services.
Subject to your full compliance with these Terms, you may use the Services to view and (if you are a User) download BIM Objects and Content from ApliCAD UpdateBIM, to upload a User BIM Object to ApliCAD UpdateBIM, to connect with other Users and Manufacturers and /o Customers and to use accessible features and Services as intended and as available to you.
You agree to use ApliCAD UpdateBIM, the Services, BIM Objects and Content only for the purposes permitted by (a) these Terms, (b) any applicable guidelines or policies provided in ApliCAD UpdateBIM or communicated to you, and (c) laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions (including applicable data protection laws or associated laws regarding the export of data or software to the European Union or other relevant countries).
You agree that you will not reproduce, duplicate, copy, sell, trade or resell any BIM Objects and/or Content for any purpose and/or upload BIM Objects and/or Content downloaded from ApliCAD UpdateBIM to any other website, portal, server, or service. similar without the prior written approval of ApliCAD. You may not host any BIM Objects or Content on any other BIM or similar platform. Strictly without limiting the foregoing, you may:
1. Use the BIM Objects and Content you download for your personal use (but not for any other commercial purposes or for personal gain);
2. Notwithstanding the provisions of (i) above, if you are an architect, engineer or other professional in the construction industry, use BIM Objects and Content to include them in any drawing, material or project document used or intended to be used in a construction. or other construction project to which you are a party as a professional consultant or in a similar situation;
3. For purely educational or study purposes by educational institutions and/or their students (or their representatives when students are under the legal minimum age), but in no way that results in commercial gain;
4. If you are a Designated User as a representative of a Customer, use the Services to act as a Sales Representative or any other permitted/required role/capacity and/or use the Services in order for the Customer to make use of the Customer Services purchased under the terms of the customer agreement.
You specifically agree not to access (or attempt to access) the Services by any means other than through the ApliCAD UpdateBIM interface, unless you have been specifically permitted to do so in a separate written agreement with ApliCAD, EXCEPT THAT you may use features provided in the interface of Third-Party Apps* to access (or attempt to access) the Services).
* A Third-Party Application means any software application connected by a Third-Party Developer via API to ApliCAD UpdateBIM that may be used by the third party developer for commercial or non-commercial purposes.
In addition, you specifically agree not to: (i) access (or attempt to access) the Services through any automated means (including, without limitation, the use of scripts, robots, agents, or web crawlers); (ii) interfere with or disrupt the Services, or the servers or networks connected to the Services; (iii) use the Services to unlawfully or inappropriately collect or store personal data about any person or persons associated with an entity, including other Users; (iv) use the Services to send unsolicited or spam communications, promotions, or advertisements; (v) use the Services to submit altered, misleading, or false source identification information, including "spoofing" or "phishing".
You specifically agree that you will not use the Services to create, transmit, send, upload, display, or otherwise make available anything that: (i) violates, misappropriates, or infringes the rights of another person or company, including, without limitation , Intellectual property rights; (ii) contains software viruses, harmful materials or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any other communication equipment, including, without limitation, ApliCAD UpdateBIM and the Services; or (iii) in any other way may harm ApliCAD UpdateBIM, the Services, the BIM Objects, the Content or any Affiliates, Clients, Manufacturers or other third parties..
You are aware, acknowledge and agree that you are solely responsible (and that ApliCAD has no liability to you or any third party) for any content (including, without limitation, links, materials, information, files, images or any material) that you create, transmit, submit, upload, display or make available while using the Services, any BIM Object or Content and for any consequences (including any loss or damage that ApliCAD, Clients or any other third party may suffer) in doing so. This means that you are solely responsible for and represent and warrant that there will be no infringement and/or claim of infringement by you or any third party with respect to anything you create, transmit, submit, upload, display or otherwise post to available during the use of the Services, any BIM Object or Content.
You further acknowledge, acknowledge, and agree that you are solely responsible (and that ApliCAD has no liability to you or any third party) for any breach of your obligations under these Terms and the consequences (including any loss or damage that ApliCAD, Clients or any other third party may suffer) from said breach.
If you are a registered User, you are aware, acknowledge and agree that you will not reveal and are fully responsible for maintaining the confidentiality of the passwords associated with your Account and, consequently, you will be solely responsible to ApliCAD for all activities that occur under your account.
You specifically agree that (i) you will use all reasonable efforts to prevent unauthorized access to or use of the Services; (ii) immediately notify ApliCAD if you become aware of or reasonably suspect any illegal or unauthorized activity or breach of security involving your Account, including any loss, theft, or unauthorized disclosure or use of a username, password, or Bill; (iii) not allow any third party to access or use your username or password for the Services; and, (iv) not to share, transfer or provide access to an account designated for you to another person. You further agree that your account profile information will be truthful.
If the Services were purchased by another party for your use, such as your employer, the party paying for such Services may have the right to control access to and obtain reports on your use of such paid Services, however, they do not have the right. to your personal user account.
You acknowledge, acknowledge and agree that the BIM Objects and Content included in the Services are provided by different Manufacturers and/or Customers who are identified in connection with such BIM Objects and/or Content and that all information included in BIM Objects and /or Content to which you may have access as part of, or through your use of the Services, are the sole responsibility of the Manufacturer and/or Customer from which such content originated.
You are also aware, acknowledge and agree that ApliCAD has no obligation to host any BIM Objects or Content on ApliCAD UpdateBIM and that ApliCAD reserves the right, but assumes no obligation, to pre-screen, review, flag, filter, modify, reject or remove any or all BIM Objects and/or Content from the Services.
You acknowledge, acknowledge and agree that ApliCAD makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, completeness, quality or fitness for any purpose of any BIM Object and/or Content, and that ApliCAD shall in no event be liable for any damage that the BIM Objects and/or Content may cause, including but not limited to any errors or omissions in any BIM Objects or Content or for any loss or damage of any kind incurred as a result of use of any BIM Object or Content and regardless of whether it is downloaded through the ApliCAD UpdateBIM interface, a third party application or otherwise.
You acknowledge, acknowledge, and agree that any content presented to you as part of the Services, including but not limited to BIM Objects and content, is protected by Intellectual Property Rights (defined below) owned by a third party, including any Client, Manufacturer and/or the owner of the registered trademark or associated real mark.
Nothing in these Terms or your use of the Services implies that you have a right to use the foregoing in an unauthorized manner or to infringe the rights of any third party. Notwithstanding the foregoing, any Client/Manufacturer, or any other person or legal entity on their behalf, who provides a specific BIM Object or Content to ApliCAD and which is accessible through the Services, is solely responsible for the content and its content. source.
You may not reverse engineer, modify, rent, lease, loan, sell, distribute, or create derivative works based on the content referenced in section 9.3 (whether in whole or in part), unless you have a specific written agreement with ApliCAD that allows such actions. However, you may download BIM Objects and Content and also use them in your User Projects, however only for use permitted by ApliCAD and enabled through the Services..
You acknowledge, acknowledge and agree that ApliCAD, Client and/or Manufacturer, ApliCAD's licensors and/or other third party(ies) own(s) all legal right, title and interest in ApliCAD UpdateBIM, any associated software, the Services, any BIM Objects and any Content as the case may be, including any Intellectual Property Rights* that subsist in them (whether or not those rights are registered, and wherever in the world those rights exist) and that you will not acquire any express or implied right, title or interest in ApliCAD UpdateBIM, any associated software, the Services, any BIM Objects or Content unless expressly set forth in these Terms. In addition, you are aware, acknowledge and agree that ApliCAD UpdateBIM and the Services may contain information designated as confidential by ApliCAD (and, as the case may be, by third parties) and that it will not disclose such information at all, or at least without prior express consent. in writing from ApliCAD.
*Intellectual property rights shall include, but are not limited to, any and all rights with respect to inventions, trademarks, patents, patterns, designs, copyrights (including copyrights in software), related rights and copyrights. databases, any confidential and proprietary information, including trade secrets, know-how, and any other rights of a similar nature, whether registered or not, including applications for registration of such rights under the laws of any governmental authority, national or foreign, as well as any other right of this nature.
Nothing in these Terms or your use of the Services entitles you to use any of ApliCAD's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, unless expressly agreed otherwise. in writing with ApliCAD. Improper or unauthorized use of the foregoing will constitute a breach of these Terms.
ApliCAD UpdateBIM, the Services and the Content may include hyperlinks to other websites, content, or resources, for example, links to websites of the Manufacturer, the Client, the Affiliate or third parties.
ApliCAD has no control over any of these websites, their availability, or any content or resources that are not provided by ApliCAD. We do not endorse or make any representations about external websites, or any material found there or any results that may be obtained from using them.
If you decide to access any of the third-party websites linked to our site and these sites access your personal information, including where you upload or include it on these sites, you do so at your own risk.
You acknowledge, acknowledge and agree that ApliCAD is not responsible for the availability of any external sites (including any third-party applications), content or resources, and does not endorse any advertising, products or other materials on or available from such websites. content or resources and that ApliCAD is not responsible for any loss or damage that you may incur because of the availability of those external sites, content, or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence advertising, products, information or other materials on or available from such websites, content or resources.
These Terms are effective on the date you first accept them and will continue in effect thereafter until terminated by either you or ApliCAD as set forth below. Upon termination of these Terms for any reason, you must immediately stop using the Services.
If you wish to terminate these Terms, you may do so by sending a notice to ApliCAD using the email address Aplicad@aplicad.com. However, please note that you may stop using the Services at any time without notice to ApliCAD.
ApliCAD may, in its sole discretion, at any time and for any reason, including a period of account inactivity, terminate these Terms and/or your use of the Services and/or suspend or terminate your User Account.
Upon termination, your Account will be deactivated, and you may not be granted access to your Account or any files or other content in your Account, although residual copies of information may remain in our system.
You agree to hold harmless and indemnify ApliCAD against any third party claims arising out of or in any way related to your use of ApliCAD UpdateBIM, the Services, any BIM Objects and/or Content, as well as any violation of these Terms or any other action (or adverse consequence) related to your use of ApliCAD UpdateBIM, the Services, any BIM Object and/or Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments , litigation costs and attorney fees, of all kinds and nature.
In such case, and without prejudice to the scope of this compensation, ApliCAD will notify you in writing of said claim, demand, or action. ApliCAD shall have the right to participate, at its expense, in the defense of any claim. You will not accept any settlement of any claim as set forth above without the prior written consent of ApliCAD.
NOTHING IN THESE TERMS, INCLUDING THESE SECTIONS 14 AND 15, EXCLUDES OR LIMITS APLICAD'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL ASSOCIATED CONTENT, INCLUDING BIM OBJECTS AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSITION.
IN PARTICULAR, APLICAD DOES NOT REPRESENT OR WARRANT THAT: (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICES WILL MEET YOUR EXPECTATIONS; (vi) THAT THE SERVICES WILL REMAIN UNCHANGED; OR (vii) THAT WE STORE FILES OR RETAIN YOUR INFORMATION.
ANY MATERIAL, INCLUDING BUT NOT LIMITED TO ANY BIM OBJECTS AND/OR CONTENT, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM. COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APLICAD OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
APLICAD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE, ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IN CONNECTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
APLICAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, DOES NOT ENDORSE, AND DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE ACTIONS, ERRORS, OR INACTIONS OF ANY THIRD-PARTY WEBSITE OR APPLICATION (OR THE CONTENT THEREOF).
SUBJECT TO THE GENERAL PROVISION IN SECTION 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT APLICAD SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE SUFFERED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; RESULTING FROM:
2. THE USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY BIM OBJECTS AND/OR CONTENT; (ii) ANY DEFECT OR INACCURACY IN THE SERVICES OR ITS ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT, REGARDLESS OF THE SOURCE OF SUCH DEFECT OR INACCURACY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR THEIR ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT; OR (vi) ANY OF THE FOREGOING RELATING TO THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF);OR
3. ANY LOSS OR DAMAGE YOU MAY SUFFER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
4. 4. ANY RELIANCE YOU PLACE IN THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISEMENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MANUFACTURER; (ii) ANY CHANGES YOU MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE SERVICES OR SUSPENSION OR TERMINATION OF YOUR ACCOUNT; (iv) THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (v) YOUR FAILURE TO PROVIDE APLICAD ACCURATE ACCOUNT INFORMATION; (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (vii) ANY OF THE ABOVE RELATING TO THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF).
THE LIMITATIONS ON APLICAD'S LIABILITY TO YOU IN THE PRECEDING SECTION SHALL APPLY WHETHER APLICAD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSS ARISING FROM.
The Services may be changed or updated from time to time in whole or in part. Any new or modified Services available will be deemed to be included in these Terms, except where expressly stated otherwise.
We are constantly working to improve our Services and develop new features to make our Services the best they can be, as well as to consider applicable laws.
If we make changes of a significant, material, or fundamental nature to these Terms, we will notify you through the Services or at our discretion, in the appropriate manner we deem appropriate and if you object or disagree with the changes, you may close your Account.
Your continued use of our Services after we post or send notice of our changes to these Terms means that you are accepting the updated terms as of the date and time, they become effective.
You acknowledge, acknowledge and agree that these Terms constitute the entire agreement and understanding between you and ApliCAD relating to the subject matter hereof (but excluding any services that ApliCAD may provide to you under a separate written agreement) and supersede all the written or oral promises, undertakings and agreements that have preceded these Terms.
You acknowledge, acknowledge, and agree that any amendment, change or modification of these Terms, other than as set forth above, may only be made by written agreement between the parties.
You are aware, acknowledge and agree that in no case will any delay, failure, or omission of ApliCAD in enforcing, exercising or seeking any right, claim or remedy under this Agreement be considered a waiver, unless said right, claim or remedy has been expressly waived in writing.
If any court of law, having jurisdiction to decide on this matter, determines that any provision of these Terms (or the application thereof) shall be declared or deemed null, void or unenforceable in whole or in part for any reason, such provision shall be deemed enforceable to the maximum extent permitted in order to carry out the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.
You acknowledge, acknowledge, and agree that ApliCAD may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on or through ApliCAD UpdateBIM. The Spanish language will be the governing language in its relationship with ApliCAD.
You will not have the right to assign your rights and/or obligations under these Terms without the prior written consent of ApliCAD. ApliCAD shall have the right to assign its rights and/or obligations under these Terms without your prior written consent.
APLICACIONES DE CAD CAM Y GIS, S.L., a Spanish company with its fiscal domicile in Castellón, Calle Maria Teresa Gonzalez Justo, 26 – 12005 – Spain, with fiscal identification number ESB12441861
If you wish to contact ApliCAD or have any questions about these Terms, please send an email to firstname.lastname@example.org.
This “Data Sharing Agreement” (the “Agreement”) is made between:
1.- The ApliCAD UpdateBIM client identified on the contract defined at the beginning of this document for the "Services" of use of ApliCAD UpdateBIM
2.- APLICACIONES DE CAD CAM Y GIS, S.L., a Spanish company with its fiscal domicile in Castellón, Calle Maria Teresa Gonzalez Justo, 26 – 12005 – Spain, with fiscal identification number ESB12441861
Individually a "Party" and collectively the "Parties".
1. Customer and ApliCAD have entered a contract and/or any other order document previously executed by Customer ("Customer Agreement") for the provision of certain Services (defined below) by ApliCAD, including access to certain functions in ApliCAD UpdateBIM.
2. APLICATIONS OF CAD CAM AND GIS, S.L. is the owner of the portal and plugin called ApliCAD UpdateBIM.
3. The access and use of the Services by the Client and the provision of the Services by ApliCAD result in the exchange and processing of certain personal data by the Parties.
4. This Agreement governs the rights and responsibilities of the Parties in relation to their respective data processing activities under the Customer Agreement.
5. This Agreement is incorporated into the Customer Agreement by reference.
In this Agreement, except to the extent expressly stated otherwise:
"Applicable Data Protection Law" means all global data protection and privacy laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law.
"ApliCAD" means APLICACIONES DE CAD CAM Y GIS, S.L.;
“ApliCAD UpdateBIM” means the main product composed of a Plugin for Autodesk Revit and an administration platform in the portal https://updatebim.aplicad.com;
" Effective Date" means the date of execution of the Customer Agreement;
"EU Data Protection Law" means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Regulation General Data Protection Act); (ii) the EU Electronic Privacy Directive (Directive 2002/58/EC); and (iii) any and all applicable national data protection laws made pursuant to (i ) or (ii); in each case, as may be amended or replaced from time to time;
"Model Clauses" means the Standard Contractual Clauses (Controller to Controller Transfers - Set II) in the Annex to the European Commission Decision of December 27, 2004, as may be amended or superseded from time to time by the European Commission;
"Annex" means any exhibit attached to this Agreement;
"Security Incident" means the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed;
"Services" means the services provided to Customer under the Customer Agreement, which may include Customer's use of the ApliCAD UpdateBIM Platform and any content development, creation, modeling and/or hosting services provided by ApliCAD to Customer through the ApliCAD UpdateBIM Platform;
"User" means any individual who has registered an account with ApliCAD UpdateBIM; and
"User Personal Data" means the personal data of Users and is more specifically described in Annex 2 of this Agreement. User Personal Data is included in the general term "personal data".
In this Agreement:
1. The expressions "controller", "processor", "data subject", "personal data", "processing", "personal data breach", "special categories of personal data" and "supervisory authority" have the meanings given in the EU Data Protection Law; Y
2. any other term used but not defined in this Agreement shall have the meaning given to it in the Customer Agreement.
Duration and Termination
This Agreement will commence on the Effective Date and will terminate automatically upon expiration or termination of the Customer Agreement.
The termination of this Agreement will not affect the responsibility of each Party to process the personal data that it has already accessed or in accordance with the Applicable Data Protection Law.
Roles of the parties and compliance with data protection law
In the course of providing or receiving the Services, each Party may process User Personal Data for the purposes described in Exhibit 2
The Parties acknowledge that they will be independent controllers of the User's Personal Data that they each process. In no case will the Parties treat the User's Personal Data as co-responsible for the treatment.
1. 1. Each Party shall be individually and separately responsible for complying with its obligations as a controller under the Applicable Data Protection Law when processing User Personal Data. In particular (and without limitation):
2. 2. ApliCAD will be responsible for complying with the requirements of the Applicable Data Protection Law (including transparency and legality requirements) with respect to individual data subjects who register and use the "ApliCAD UpdateBIM Cloud Platform, including by display a publicly accessible privacy notice at https://updatebim.aplicad.com or through the Services (and such privacy notice will notify data subjects that their User Personal Data may be disclosed to ApliCAD customers whose "Objects BIM" access or download);
3. 3. The Client shall be separately and independently responsible for complying with the Applicable Data Protection Law with respect to any processing of User Personal Data that it obtains through the ApliCAD UpdateBIM platform (and without limitation) if and when it processes Personal data of the user to contact the interested parties. for direct marketing purposes;
4. 4. Data subjects may exercise their data protection rights under Applicable Data Protection Law against Customer with respect to Customer's processing of User Personal Data, and against ApliCAD with respect to Data processing. personal data of the user by ApliCAD.
Neither Party will process User Personal Data for any purpose other than the Permitted Purposes, except where and to the extent permitted by Applicable Data Protection Law.
Neither Party will process User Personal Data originating in the EEA (or allow it to be processed) in a territory outside the European Economic Area ("EEA") unless such Party has taken steps necessary to ensure the transfer complies with the Applicable Data Protection Law.
Where applicable, if User Personal Data originating in the EEA is processed by a client located outside the EEA in a territory that has not been designated by the European Commission as ensuring an adequate level of protection in accordance with the EU Privacy Law, the Model Clauses will be incorporated into this Agreement by this reference and will apply to the Processing as follows:
1. ApliCAD (as data exporter) will be deemed to have entered into the Model Clauses in its own name and on behalf of User Personal Data that it discloses to Client; and
2. Customer (as data importer) will be deemed to have entered into the Model Clauses in its own name and on behalf of User Personal Data disclosed to it; and
3. where and to the extent that the Model Clauses apply in accordance with this Clause 4, if there is any conflict between this Agreement and the Model Clauses, the Model Clauses shall prevail.
If the Client receives a communication from a User, a supervisory authority or other third party in relation to the processing of the User's Personal Data in accordance with this Agreement, it must immediately send, to the extent permitted by applicable law, a copy of communication to ApliCAD.
Each Party will provide reasonable cooperation and assistance in good faith in connection with such communication in accordance with Applicable Data Protection Law when requested by the other Party.
Each Party shall implement and maintain appropriate technical and organizational security measures to protect the User Personal Data it processes against a Security Incident.
Data Processing by Third Parties
If either Party appoints third party processors to process User Personal Data for its Permitted Purpose, it will ensure that such third-party processors:
1. You agree in writing to process the User's Personal Data in accordance with that Party's documented instructions;
2. implement appropriate technical and organizational security measures to protect the User's Personal Data against a Security Incident; Y
3. otherwise provide sufficient guarantees that they will process the User's Personal Data in a manner that will meet the requirements of Applicable Data Protection Law.
Changes in the Applicable Data Protection Law
The Parties will use their best efforts to agree to such variations of this Agreement as may be necessary to reflect changes in Applicable Data Protection Laws.
No breach of any provision of this Agreement will be waived except with the express written consent of the non-breaching Party.
If any court or other competent authority determines that any provision of this Agreement is illegal and/or unenforceable, the other provisions of this Agreement will continue in force. If any illegal and/or unenforceable provision would be legal or enforceable if part of it were deleted, that part will be deemed deleted and the rest of the provision will continue in force (unless it contradicts the clear intention of the Parties), in which case it will be the entire corresponding provision will be considered deleted).
This Agreement may not be modified except by a written document signed by or on behalf of each of the Parties.
Neither Party may, without the prior written consent of the other Parties, assign, transfer, encumber, license or deal in or otherwise dispose of any contractual rights or obligations under this Agreement.
Nothing in this Agreement shall invalidate the terms of the Customer Agreement which shall remain in full force and effect; however, in terms of the specific subject matter of this Agreement (data protection considerations with respect to User Personal Data), this Agreement will control in the event of a conflict with the customer agreement.
This Agreement will be governed and interpreted in accordance with Spanish law. The Spanish courts will have exclusive jurisdiction to adjudicate any dispute arising in connection with this Agreement.
Categories of personal data
Personal data of the user, including:
• Email address
• Postal code and city
• Country name
• Company Name
• Employer data
• Phone number (if provided)
• Image (if provided)
• Usage and download history
• Special categories of personal data
Purposes of the treatment ("Permitted purpose")
Processing by the Client: The Client will process certain Personal Data of the user in order to:
1. receive the Services in accordance with the Customer Agreement (as amended from time to time in accordance with its terms); Y
2. to connect and communicate with Users in ApliCAD UpdateBIM;
3. market and promote its products to Users;
4. as otherwise provided in this Agreement.
The Client will process the User's Personal Data only for as long as is necessary for these purposes..
ApliCAD will process the User's Personal Data in order to:
3. provide the Services in accordance with the Customer Agreement; Y
4. as set forth in this Agreement or the ApliCAD User Terms of Service
ApliCAD will process the user's personal data only for as long as it is necessary for these purposes.