1. Definitions

User Terms of Service – The User Terms of Service (this document) together with the Privacy Policy are hereafter described as Terms.
 
The Service – Applies to Bimsync Arena, Bimsync mobile app (iOS and Android), Bimsync APIs and website provided by Catenda to the User.
 
The Company – Catenda AS, VAT identification number: 994 023 977, Drammensveien 288, 0283 Oslo, Norway. Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Catenda may engage or otherwise cooperate with in connection with the Service.
 
User – A User is a person with access to Bimsync. A User gains access by logging on using personal credentials.
 
Customer – The Customer is the company paying for access to the Service. The Customer has a contract and a set of Customer terms with Catenda in addition to these Terms.
 
Project – A construction project, building or infrastructure facility to be designed, constructed, maintained or decommissioned. A project is limited to a single physical location.
 
Member – A Member is a User that has been invited to participate in a Project.
 
Content – Content is defined as any file, document, image, text, graphics, 3D model, film, audio information or any type of data file uploaded, stored or transmitted using the Service.
 
User Content – Any file, the content thereof, text or information uploaded or added by a User to a Project in the Service. The User Content is not owned by Catenda.
 
 

2. Scope of Terms

This Terms of Service applies to the Service, and any Content appearing in the Service. When "Content" is used in this document, it refers to both Content provided by Catenda and User Content collectively, unless otherwise specified. The Service is owned, maintained and operated by Catenda AS, hereafter "Catenda" or "The Company". By using the Service you agree to these User Terms and the Privacy Policy (collectively referred to as "Terms").

 

2.1 Description of service

Bimsync is a collaboration platform for the construction industry. Customers can set up Projects and invite Members to join Projects. Upon accepting an invitation a Member will be asked to create a User and accept these Terms. If you cannot accept these Terms, access to Bimsync will not be granted.
Using Bimsync, Users can upload, write, link and share Content (User Content) with other Members on a Project. Members will have access to the Project and all its accessible Content in Bimsync until they are removed from the Project or the Project is terminated.

2.2 Amendments to the Terms

Catenda reserves the right to update these Terms at any time. If a change is material, we will let you know before it takes effect provided that we have your correct email address. By using the Service on or after that effective date, you agree to the new Terms. If you do not agree to them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms.

 

3. User Content

The information created and posted by you, the User, (User Content) is the property of you or the Customer owning the Project. Every User is responsible for ensuring the User Content they upload to or create in Bimsync complies with the requirements outlined in the section on Acceptable Use. Catenda provides the Service for uploading, creating, storing, sharing and exporting this information, but does not own any of this User Content. The company reserves the right to use anonymised User Content for statistical purposes in order to improve the Service. Catenda does not audit User Content and cannot be held liable for Users introducing unacceptable Content to Bimsync. 

 

4. Acceptable Use

The purpose of User Content is to support the progress of the Project that is using Bimsync. You may not (directly or indirectly) use the Service with Content, or in a manner that:

  • is threatening, abusive, harassing, stalking, or defamatory;
  • is deceptive, false, misleading or fraudulent;
  • is invasive of another's privacy or otherwise violates another's legal rights (such as rights of privacy and publicity);
  • contains vulgar, obscene, indecent or unlawful material;
  • infringes a third party's intellectual property right(s);
  • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
  • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
  • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
  • restricts or inhibits any other User of the Service from using and enjoying the Service;
  • harvests or otherwise collect information about others, including email addresses, without their consent;
  • violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or Cloud Service Provider.
  • encourages, promotes, facilitates or instructs others to engage in illegal activity;
    promotes, encourages, or facilitates: hateful speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

 

4.1 No Disruption

You agree not to use the Catenda Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another's property includes another's account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Catenda Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another's property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the Catenda Service in a way that causes or may cause any Catenda IP addresses, Catenda domains, or Catenda Customer domains to be blocked by service providers. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

 

4.2 Reporting Suspected Violations

Catenda monitors and maintains the Services technical performance in order to provide a reliable service to our Customers and Users. However we do not monitor User Content. Should you, the User, observe a suspected violation of the Terms you are required to report what you have seen without delay to Catenda in order that we may take the required action to halt the violation.

 

5. Intellectual Property Rights (Ownership and Use of Data)

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Catenda. The Service and its Content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the Content owned by us or our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of the Company. Nothing in the Terms grants you the right to use any such marks.

6. Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

 

7. Viruses

You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service will be free of viruses or other destructive code. The Service provides anti-virus scanning on all documents uploaded (part of the "User Content"), but this cannot be relied on as a comprehensive measure. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.

8. Integrations and third-parties

The Service may provide information and Content provided by third parties. Catenda is not responsible for the availability of such linked sites or resources, and does not endorse and is not responsible or liable for (i) any Content, or other materials on or available from, (ii) any errors or omissions, or (iii) any information handling practices or other business practices in these websites or resources. You further acknowledge and agree that Catenda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms.

 

9. General Terms

9.1 No Waiver

If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

9.2 Indemnification

You agree to indemnify, defend and hold harmless the Company from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with the Company in asserting any available defenses.

9.3 Partial invalidity

If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

9.4 Governing law and disputes

The Terms shall be governed by and interpreted in accordance with Norwegian law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts with the district court of Oslo, Norway as the legal venue.