User Terms and Conditions regarding Services on the Bimmatch Platform

Effective date 2 April 2020

Bimmatter - Terms of Use

Introduction

Welcome to "Bimmatch"- A platform designed to streamline the process of selecting construction products and designing products in construction projects. The platform operates through a software plugin to Revit And uses a cloud platform to which you can connect at: www.bimmatch.com (The plugin and the cloud platform will be called together “The Service”).

The service is managed and operated by a company member Bimmatter Ltd., HPT 516001146 whose address HaNurit 102, Hagor, Israel (“service operator”).

The use of services, including content contained in, indicates that you accept these terms and other terms that appear in the service, including the privacy policy please privacy policy as well as instructions or other guidelines which may appear during the use of the Service (collectively “documents requiring”). You are requested to read the binding documents carefully, as they define your rights and obligations about the use of the service and constitute a binding agreement between you and the service operator. Please note that the binding documents may change as needed so we recommend reading them from time to time. If you do not agree to the terms of the binding documents, in whole or in part, you must refrain from using the Service.

The binding documents apply to the use of the service and the contents contained therein through any other computer or communication device (such as computers, smartphones, tablets, etc.). They also apply to the use of the service either through the Internet or through any other network or means of communication.

The term " content " or " content " in binding documents means any literal content (Textual), Visual (Visual), Voice (Audio), Or any combination of them or part of them as well as their design, processing, editing, and way of presentation.

About the service in a nutshell

The service uses artificial intelligence abilities and offers a platform to match construction products and materials to architectural models and to create an efficient Bill Of Materials for a construction project. You can optimize the use of the service by downloading an extension of Bimmatter to Revit software - an application by AUTODESK.

The platform contains the following components:

Product catalog based on BIM methodology, which allows registered users and visitors to the site to choose various products, consume relevant information about every product, download available product files, share products on social networks, and contact the manufacturer/supplier of the product.
Designated plug-in of BIMMATTER to REVIT application of AUTODESK, allowing REVIT users to open the product catalog in the REVIT application, choose products from the catalog, view products details, apply product data directly into components in the architectural plan, and download and place a product model in the architectural model.
An online framework for managing and communicating the selection of products in the architectural project closed and private to invited project participants only.

Analysis of the information entered by the user and offering suitable products by the service is a utility tool only and is not intended to replace the analysis and professional judgment of the designer, architect, and other relevant professional entities working on the project. The service operator is not responsible for any direct or indirect damages, including physical and property damage that could be caused to service users or their customers if they choose to act one way or another following the analysis of the data by the service.

The service operator has the sole discretion to decide what content and information will be displayed in the service, the length of time they will be displayed, what their location and design will be, and any other matter relating to the content, including removing any content from the service. More information about the service, its properties, and usages, can be found on relevant pages in the service.

Receiving and sending information in real-time through the service requires an online connection of your computer or device to the Internet. Such connection costs are subject to agreements between you and your net-service operators and they are under your full responsibility.

Registration for the service

Use of the Service requires registration to it, submission of personal details as part of the registration, and your consent to the terms of the binding documents.

Registration for the service is only allowed for users who are 18 years of age or older. By registering for the service you confirm and declare that you are 18 years of age or older or that you may register for the service and use it with the consent of a parent or other legal representative, as long as you are under 18 years of age. Otherwise, note that the service operator will be entitled to block your activity and account in the service.

During the registration for the service as a user or customer, you will be asked to provide us with personally identifiable information and contact information, such as your full name, active email address, telephone number, information about your professional position, and the organization in which you work. You can also register for the service through your Google or Facebook account. You will be asked to provide details about the construction project you are working on using the service.

To prevent misuse of your account in the service, you will need to enter a username and password which you will be enabled at registration to access the service. You must keep your username and password completely confidential. Be sure to choose a strong password and change the password as often as possible once every few months at least. You are fully responsible for any use of your account on the Service, including your failure to keep confidential the access information to your account on the service.

If you would like to contact the service operator via e-mail at contact@bimmatch.com which the service operator enables users, you will be required to provide us with your name, your email address and enter the content of your request.

In each of the above cases, you must provide only correct, accurate, and complete information. Providing incorrect information may prevent you from using the service or prevent you from being contacted. We will explicitly indicate which information fields require completion. Without providing the required information in these required fields, will not be able to complete the registration for the service. The service operator reserves the right to take various measures, technological and other, to verify your identity.

The information you provide when registering for the service will be stored in the database of the service operator. The operator of the service will not use your details, except in accordance with the privacy policy of the service, which is an integral part of these terms of use.

Use of the Service

You may use the service, its contents, and the usage options it offers in accordance with the rules set forth below. The service may not be used in any other way unless you have obtained the express consent of the service operator to this, in advance, in writing and subject to the privacy policy which is included as part of this consent.

▪ Do not use the service for commercial purposes except for internal use as part of activities of the user organization;

▪ No use may be made of the service that constitutes or may constitute a civil offense or tort in accordance with the provisions of any law and/or that infringes on the rights of any third party;

▪ Do not copy and use, or allow others to copy and use, in any other way content from the service, including websites and other widgets, electronic publications, print publications, etc., for any other purpose;

▪ To the extent that you register for the service in accordance with the terms in this consent, you may use the service through the user account through which you register only;

▪ Do not use measures to circumvent, neutralize or overcome the security mechanisms in the service, and do not harm or interfere in any way with the proper operation of the service;

▪ Do not run or allow to run any computer application or any other means, including software of the type Crawlers, Robots, Scraping codes, and like, for the purpose of searching, scanning, copying, or automatically retrieving content from the service. Including, such means may not be created or used to create a compilation, collection, or repository that will contain content or information from the Service;

▪ Do not display content from the service within a frame, overt or covert, except with the prior written consent of the service operator;

▪ Content from the Service may not be displayed in any way - including through any software, device, accessory, or communication protocol, in particular advertisements and commercial content;

▪ Do not perform or attempt to re-engineer, disassembling, or decompiling the Service or any part thereof ;

▪ Do not use the software/service to distribute or attempt to distribute viruses, trojans, or other malicious applications;

▪ Do not remove or cause to be displayed in the service, signs, warnings, or notices.

▪ Do not use or allow others to use, in integration, combination or link the service or any part of it, with any other application or service, of any kind.

▪ Do not link to the service and its content any source that contains pornographic content, content that encourages racism or discrimination, or that is illegal, or that encourages illegal activity, or whose publication is illegal;

▪ Do not link to content from the service that is not a complete page of the service website (“ deep link “) and may not display, or publish such content in any other way, unless the deep link is to a web page on the site in its entirety and as is ( AS IS), so that it can be viewed and used in exactly the same way for use and viewing on the site. It is also forbidden to link to content from the service, detached from the web pages or the areas where they appear in the service (for example - it is forbidden to link directly to an image or graphic file in the service, but to the full page where they appear). In addition, the exact address of the web page on the site must appear in the usual place designated for this in the user interface (for example - in the address bar in the user's browser). Do not change, distort or hide this address and do not replace it with any other address.

The service operator will not bear any responsibility for any damage caused as a result of any link to the content in the service and from any presentation or publication of content in any other way. You bear full and exclusive responsibility for any link, presentation, or publication of the content made by you, and undertake to indemnify the operator of the service for any damage caused to it as a result.

Advertising mailings and announcements

The use of the service and your approval of the binding documents indicate your express consent to receive advertisements from the service operator and/or anyone on its behalf, within the meaning of this agreement in the provisions of section 30A of the Communications (Bezeq and Broadcasting) Law, 1982. The advertisements will be sent to you according to the information you provided to the company during registration to the service.

If you do not wish to receive promotional mailing from the service operator, please disable this function on your account setting page on the service website, or contact us via unsubscribe@bimmatch.com. In any case, you can request removal from receiving advertising mailings at any time by sending a denial notice; The way to send the refusal notice will be detailed in everything that an advertisement is sent to you by the service operator and/or someone on its behalf.

Cancelation or suspense of your service account

The service operator may not allow you to use the service that requires registration at its sole discretion. Without derogating from the above, the service operator may cancel your registration for the service, or block your access to it, inter alia in any of the following cases -

▪ If you provided incorrect or false information when registering for the service;

▪ If you have committed an act or omission that harms or is likely to harm the service operator or any third parties, including other users or the service operator’s suppliers or partners;

▪ If you have used the service to perform or to attempt to commit an illegal act, or an act that is presumed to be illegal, or to enable, facilitate, assist or encourage the commission of such an act;

▪ If you have violated any of the terms of the binding documents;

▪ if the service operator has informed you that you are under 18 years of age and your parental consent or legal guardian has not been given consent to use the service as required;

▪ If you take any action that prevents others from subscribing to the service or continuing to use it in any way;

▪ If you have provided the username and password assigned to you, if assigned, for third-party use;

▪ upon cessation of activity of the service operator or termination of the activity of the service;

▪ by a court order or directive of a competent authority;

▪ In any other case in which the service operator believes that the cancellation is justified and meets the accepted legal criteria.

The service operator may use various means to monitor the activity in the service and in order to detect cases of fraud or misuse of the service. The service operator reserves the right to block or cancel your access or registration to the service, at its sole discretion, if it believes that your account in the service was used to perform such acts.

privacy

The service operator respects your privacy when using the service. The service's privacy policy is an integral part of the binding documents. Since the Privacy Policy may change from time to time, it is recommended that you revisit it from time to time.

Also, please note that the design content you upload to the service may contain personal information of the customer for whom the project is carried out under the Privacy Protection Law, 1981. You are solely responsible for ensuring that you have a legal basis for uploading content and personal information of third parties to the service and/or allowing access to the service operator and other third parties to such information through the service, including, if necessary, obtaining the consent of the information subject. The operator shall not be liable for any claim that uploading content or information to the service by you constitutes a violation of relevant privacy laws with third parties. To indemnify the service operator in any case against which a claim, demand, or any such claim is filed.

Commercial content

The service operator may place in the service, at its sole discretion, commercial content, such as advertisements and notices, including information sourced from supporters and sponsors, which may be of a commercial nature.

The service operator will not bear any responsibility for the commercial content published in the service on behalf of third parties. The service operator does not write, review, verify or edit the content or veracity of these publications. The sole responsibility for the commercial content and any result resulting from its use or reliance on them rests with the advertisers. Advertising commercial content on the service does not constitute a recommendation or encouragement to purchase the services, assets, or products offered for sale therein.

Displaying commercial content on the service does not constitute a commitment by the service operator or the advertiser to the availability of the product displayed on the service or any obligation on the part of the product advertiser to enter into a transaction with you for the sale of the product.

Any transaction made as a result of commercial content published on the service will be concluded directly between you and the advertiser concerned. The service operator is not a party to any such transaction and will not be responsible for the services and goods offered in the commercial content of the service or purchased through them.

Intellectual Property

All intellectual property rights, including the copyrights on the site, platform, services offered on them, and any content contained therein (except content uploaded to the service by service users) belong to the service operator only, or by other third parties, who have permitted the service operator to use them. You may not copy, distribute, publicly display, publicly perform, transmit, make available to the public, modify, process, create derivative works, sell or rent any part of the foregoing, whether by you or through or with a third party, by any means or means, whether electronic, computerized, mechanical, optical, means of photography or recording or by any other means and means, without the prior written consent of the service operator or other rights holders, as the case may be and subject to the terms of the consent (as far as possible).

Service operator does not claim ownership of the content you than upload or use through the service , including project plans of construction that you upload to the service . When you upload content to the service , you confirm by uploading them to the service that you hold all rights to them, and that you are entitled to use them as such through the Service . If you are not the creator or copyright holder of the content you submit through the Service , you acknowledge that you are lawfully authorized by the copyright owner, which allows you to submit the content and grant them usage rights as set forth above and below. The service operator will not be liable for any damage caused to you or third parties as a result of the infringement of the rights of the rights holders in the content. You bear full and exclusive responsibility for any linking, displaying, or posting of content, made by you and undertake to indemnify the service operator for any damage caused as a result.

Removal of content from the service

The service operator respects the rights of others, including the intellectual property rights of third parties as well as their right to a good name and privacy. If you believe that any content published on the Service infringes any of your rights, you are invited and asked to notify the service operator immediately in writing, via email at contact@bimmatch.com or via the contact page in the service. Measures taken by the service operator, insofar as they are taken, based on information passed on to it, will not constitute proof of any violation of any right.

responsibility

Wherever the binding documents it specifies the responsibility of the service operator, the reference shall also be to the responsibility of its employees, managers, and workers on its behalf or on its behalf.

The use of the service and any content or function included in and will be at your own risk and full responsibility and the service operator shall not be liable for any direct or indirect damage caused to you or anyone on your behalf, or any other third party, including any income, loss or expense, relating to or arising out of, directly or indirectly with the service and all the content and services contained in and, including any damage resulting from reliance on the information and the analyzes carried out by the service, the quality of the products offered by the service, supply, and use.

The collection and analysis of the information performed by the service and the recommendations given by the service operator following it are only a recommendation. The service operator is not responsible for any direct or indirect damage, including damage to the body and property, which may be caused to you or third parties if you choose to act in one way or another as a result of using the service.

The content, functions, and service may be used as is (AS IS). They cannot be adapted to the needs of each and every person. You hereby acknowledge that you have reviewed the service and found it to be appropriate for your needs and purposes. You will not have any claim, claim or demand against the service operator regarding the features of the content and services, their capabilities, limitations, the rules that apply to them, and their suitability for you and your needs.

Any decision you make in relation to the content published on the service, including commercial content published on the service, or in relation to their use, is at your sole risk. The service operator does not guarantee that content of any kind published on the service will be complete, correct, legal or accurate or will meet your expectations and requirements. The service operator shall not be liable in any way for any consequences arising out of, or use of, or reliance on them. Use of the Services and the contents of the service is at your own risk.

The service operator does not warrant that the service and the content will be uninterrupted, provided in an orderly or uninterrupted manner, will be safe and error-free, and will be immune from unauthorized access to the service operator's computers or damage, malfunction, malfunction or failure - all in hardware, software, lines and communication systems, With the service operator or with one of its operators.

The service is not an information backup service. The service operator shall not be liable for any damage resulting from the loss of your details, the information in your account or the disruption of these details - whether in whole or in part, as a result of a failure in your or the service operator or anyone acting on its behalf.

Indemnification

You undertake to speak to the service operator, its employees, managers or anyone on its behalf, for any damage, loss, loss of profit, payment or expense incurred to them - including attorney's fees and trial expenses - Due to violation of these Terms of Use or any of the binding documents. In addition, you will indemnify the service operator, its employees, managers or anyone on its behalf in respect of any claim, claim or demand brought against them by any third party as a result of content you submit for publication on the service, or through the service, as a result of links you have made, or any other use you have made of the service.

Changes in service and termination of activity

The service operator may from time to time change the structure of the service, its appearance and design, the scope and availability of the services and contents in it and will be entitled to change any other aspect involved in the service - and everything, without having to notify you in advance. Such changes will be made, inter alia, taking into account the dynamic nature of the internet and the technological and other changes taking place on it. By their nature, such changes may involve malfunctions or initially cause inconvenience, etc. You will not have any claim or demand against the service operator for making such changes or malfunctions that will occur while making them.

Without derogating from the above, the service operator may at any time stop providing the services, in whole or in part, temporarily or permanently. The service operator will also be entitled to stop the activity in the service from time to time for the purpose of maintaining, repairing, upgrading and improving the service. The service operator will act to the best of its ability in order to reduce the periods of time during which the service will not be active. If possible, the service operator will publish a notice in the service about the termination of the services a reasonable time in advance. Upon termination of the services, the service operator will hold the content contained in the service for a further reasonable period of time and then be entitled to delete it without maintaining any backup of it and without giving further notice thereof.

Change in binding documents

The service operator may from time to time change the provisions of these Terms of Use and any of the binding documents. If possible and if they are made in these terms of use or in documents that require material changes, a notice will be published on the home page of the site and/or in the widget interface. The links to the binding documents placed in the service will always link to the latest wording of the binding documents. Your continued use of the service after the publication of the updated binding documents indicates your consent to them. If you do not agree with the new instructions in the binding documents, you must stop using the service at all.

Law and Jurisdiction

Only the laws of the State of Israel will apply to the use of the website, widget and services. The exclusive place of jurisdiction in respect of anything and everything arising from the binding documents is in the competent courts in the Tel Aviv District, Israel.

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The offender of the service operator has its rights and obligations in relation to the service, or any part of them, to a third party, it may also transfer its rights and obligations, in whole or in part, according to the binding documents. You may not assign any right or charge under the binding documents nor may you encumber, convert, mortgage, lend or give any rights to any third party in any of these. Any act or omission contrary to the above - void.

The service operator adheres to the provisions of the law and respects the rights of service users and any other third party. If you believe that content that offends you for any reason has been posted on the Service, and if you have any questions, suggestions, complaints, etc., please contact us according to the details below, or through the contact mechanisms in the service body, and we will try to address your request as soon as possible:

contact@bimmatch.com

Last updated: 25 In January 2021.

BY ACCEPTING THE TERMS, YOU CONFIRM THAT: YOU HAVE CAREFULLY READ THROUGH HAVE UNDERSTOOD AND ACCEPT TO BE BOUND BY ALL PARTS OF THESE TERMS INCLUDING THE PRIVACY POLICY (AND ALL OF THE TERMS THEREIN REGARDING THE PROCESSING OF YOUR INFORMATION INCLUDING YOUR PERSONAL DATA) AND YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD IN ADDITION AND IN PARTICULAR THE CONTENT AND TERMS OF THE CROSS-BORDER TRANSFER ADVISORY MEMORANDUM AND YOU HAVE CONTEMPORANEOUSLY WITH ACCEPTING THESE TERMS SEPARATELY INDICATED YOUR EXPLICIT CONSENT TO THE CROSS-BORDER TRANSFER OF YOUR PERSONAL DATA (AS SET OUT IN THE CROSS-BORDER TRANSFER ADVISORY MEMORANDUM) BY EXECUTING AND COMPLETING THE CROSS-BORDER TRANSFER CONSENT FORM AND YOU FURTHER EXPRESSLY AGREE TO BIMMATTER AB'S PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROVIDE YOU WITH ACCESS TO THE BIMMATCH PLATFORM AND THE SERVICES.

How to contact Bimmatter

If you want to contact Bimmatter, please send an email to contact@bimmatch.com