Notice and agreement for the use of BIMcosmos
This notice and this Agreement apply to the use of the cloud-based software-as-a-service application called “BIMcosmos” (“Software“) and its functionalities via the medium of the Internet, provided by BIMcosmos GmbH, HRB 173291 of AG Hamburg), Roonstr. 24, 20253 Hamburg (“Provider“).
By agreeing to click and use the software, you agree to the following terms and conditions of use:
The provider creates and sells software solutions in the field of “Building Information Modeling” (“BIM“) and building data modeling.
The contractual partner of the Provider (“Customer“) requires a software application to carry out its project planning. For this purpose, the Customer and the Provider have agreed on the temporary use of the software application “BIMcosmos” via the Internet against payment. There are different modules which are provided for use individually or in total against remuneration.
Subject of the contract
The Provider has entered into an agreement with the Customer for the use of the Software (“Main Agreement“). Based on the Main Agreement, the User is authorized to use the Software; the authorization to use corresponds to the Main Agreement in content, scope and term.
The provision of the software does not constitute a claim to future use. The user is always responsible for saving all data stored in the software and is responsible for the smooth implementation of his projects.
The customer will inform the user about the further contents of the main contract, as far as contents of the main contract are of importance for him.
Functionalities of the software
The functionalities of the software are freely definable and determinable in each case. This means, in particular, that the requirements, deadline lengths or other prerequisites contractually agreed upon by the Customer and the other parties involved by the Customer in the construction project to be developed by means of BIM (collectively: “Project Parties“) or determined by statute/judicial law, in particular, for example, in the case of obstruction or bad weather notifications, effective scheduling and setting of deadlines with regard to design rights, acceptance, etc., are not controlled or checked by the software. The project parties are responsible themselves in this respect when dealing with the construction project.
The data and files included by the project parties are not checked for correctness and plausibility by the provider or the software. The project parties are free and solely responsible for the creation, processing and modification of the data.
The project parties retain sovereignty over the entered data and access to it, as well as the possibility to take note of, change or delete the entered data.
Insofar as the customer grants a third party a position through which the third party can change or process entered data, the customer is responsible for the scope of the grant, the manner in which it is exercised and its correctness.
Duties of the user
The user has to take care towards the provider and vouches for the fact that only the authorized users use the software carefully and with care and comply with the agreements of this contract and the main contract. The customer shall take the necessary precautions to prevent the use of the software by unauthorized persons.
The Provider does not warrant that the Software is fit for a particular purpose, unless such fitness is expressly warranted in the service description or the main contract.
The strict liability of the Provider for initial defects according to § 536a BGB is excluded. The Provider shall otherwise be liable exclusively for damages arising from injury to life, limb or health. Furthermore, the Provider is liable without limitation in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee and in all other cases regulated by law.
Further liability is excluded.
The above limitations of liability shall not apply to liability under the Product Liability Act or within the scope of a warranty assumed by a party.
The use of the software is intended for the territory of the Federal Republic of Germany and created on the basis of the German legal system. The Provider assumes no liability that the software is suitable, usable and legally permissible for users from other countries.