EULA, BIM@Reflex

Preamble

These Terms of Use are an agreement between a user of the service app (the “user”) BIM@Reflex and Reflex Winkelmann GmbH (“Reflex”) and have been concluded exclusively between the user and Reflex.

In particular, these terms govern the nature and scope of the service, the service’s terms of business and the rules on concluding and terminating an agreement on providing the service.

1. Term of Use

The user must be at least 18 years old to be able to use the app and the service. 

By installing the plug-in software or using the web-based app, the user agrees to the following conditions. If the user does not agree to these conditions, there is no entitlement to download, install or use the app.

The app is licensed for the user in question, but not sold. Use of the app by the user is subject to the terms of business laid down in this EULA. By downloading, installing or using the app, the user hereby accepts the terms of this EULA.

An internet connection is required for use of the app. Reflex accepts no guarantee that the app is accessible on all devices or available at all geographical locations.

The user bears the sole responsibility for any costs incurred by him due to access to the app on his device.

2. Definitions

• Website at: https://www.bim.reflex-winkelmann.com
  
  

• BIM@Reflex enables planners, architects and plumbers to carry out BIM-compatible planning in the field of heating and hot water supply technology – quickly, smoothly and sustainably. The users benefit from a completely new BIM offering tailored to their needs that effectively supports them through every project phase of Building Information Modelling. The software is available on the website and can be accessed or used through a web browser. The software is required for provision of the service.
  
  Use the BIM@Reflex plug-in to incorporate the Reflex product world directly in your Revit. You spare yourself painstaking searching and placing of individual components and, instead, immediately after registration you can configure the system that’s right for you, load it into Revit and start.
  
  

• Service free service that offers the customer access to BIM@Reflex and download of:
  
  files in many formats, comprising models (3D) and their views (2D) as well as technical drawings of products that are offered by the supplier as part of BIM@Reflex;
  
  and/or
  
  plug-in for special programs that integrates these special programs with BIM@Reflex; and with a non-exclusive licence for the use of works contained in these files and plug-ins.
  
  

• User a natural person, a legal person or another organisation that has legal capacity through statutes, that acts through a representative of an employee to whom the service is made available.

3. Licence, Intellectual Property Rights

Reflex and its affiliated companies (according to Article 15 German Stock Corporation Act - AktG) and, where applicable, its third-party licensors are the full owners of the app and the software used in its provision. All copyrights and other intellectual property rights to all information and material in the app or the service are held by Reflex, its affiliated companies or third-party licensors. “Reflex” is a brand or registered trademark of Reflex Winkelmann GmbH.

Subject to these Terms of Use, Reflex grants the user a non-exclusive, non-transferable, non-sub-licensable, limited and personal licence for the installation, execution, display and use of the app solely for the user’s personal and non-professional or professional purposes. The user undertakes not to sub-license, sell, distribute, copy, reproduce, rent, lease, transmit, assign, modify, publish, reverse engineer or make other commercial use of the app or parts thereof.

All rights that have not been explicitly granted to the user remain exclusively reserved to Reflex. Reflex may use and exploit all of the ideas or comments submitted by the users free of charge if Reflex feels this is appropriate.

4. Third-Party Content/Subcontractors

Content created by third parties may be made available through the app. This content may include settings made by third parties. To clarify: Only the third party who created the content and/or has rights to it is responsible for such third-party content. Reflex accepts no responsibility for the correctness, quality, characteristics, the existing ownership circumstances or reliability of the content provided by third parties.

Reflex also reserves the right to deploy subcontractors for provision of the app.

5. Registration Process

Registration is necessary for concluding a contract and providing the service. Without registration, only the browser function (without download) is available.

Registration requires the user’s consent, which comprises the terms of use, as well as data protection and security guidelines. Consent is given by marking the relevant boxes with a cross and clicking on the “Register” button.

The user must include the following information in the registration form that is needed for provision of the service.

• Required details: First name, surname, country, company, company type, functionin the company and e-mail, password for customer account and password confirmation.

• Optional details: Telephone number details are optional.

Reflex sends an e-mail for confirmation of the registration to the e-mail address provided by the user. Reflex may refuse to register the customer account without stating any reasons, especially if the user’s details are incomplete or imprecise. In this case, the contract does not come into being.

After receiving this e-mail to confirm registration, the user can start to use BIM@Reflex.

With the download of files and/or plug-ins by the user within the scope of the service, Reflex grants the user the non-exclusive, free licence to use works contained in these files and/or plug-ins in the area of application of storing these works on the hard drive of a computer or in the memory of another device used by the user; use in special programs; copying; displaying and sharing as part of projects or other documents created with special programs.

6. Exclusion of Liability

The calculations carried out by the app are based only on the data and information provided by the customer or user. The calculation or the results derived from it are by no means intended as a replacement for the required calculation or planning services of a qualified person familiar with the details of the project, and must be checked by such a qualified person before any use.

Therefore, Reflex accepts no warranty or guarantee for the completeness or accuracy of the results of such a calculation provided by this software application with respect to the specific requirements of a project. Reflex excludes all liability to the greatest possible legal extent and accepts no warranty or guarantee for the correctness and completeness, in particular, but not limited to, results with respect to consumption or energy saving, indoor temperatures, return on investment conditions and suitability for a certain purpose, provided that Reflex has not violated an obligation to the customer through gross negligence or deliberately.

Reflex does not accept liability for contractual, profit, revenue, business or goodwill losses or other special indirect or direct consequential losses or damages under any circumstances, no matter how they were caused and what form they take.

7. No Guarantees

Irrespective of any provisions to the contrary and to the greatest possible extent permitted under applicable law, the app is provided “as seen”, with all faults and “as available” without a warranty of any kind, without any performance promises or without guarantees of any kind. The sole risk lies with the user. The entire risk of a satisfactory quality and service lies with the user.

Reflex does not accept any express, tacit or statutory warranties, including tacit warranties for the condition, use, accuracy of the data (including, but not limited to, location data), marketability, satisfactory quality, suitability for a certain locational purpose and non-violation of third-party rights. Reflex accepts no warranty:

• for impairments to the user's use of the app or service,

• that the app or the service meets the user’s needs,

• that operation of the app or service is uninterrupted and fault-free,

• that the app or service can interoperate or be compatible with other apps,

• that faults in the app or service will be remedied.

Verbal or written advice from Reflex or an authorised representative is not the justification for a guarantee.

8. Term and Termination

The user’s licence according to this EULA commences on the date on which the user accepts this EULA and downloads, installs or otherwise uses the app and ends on the date on which either the user terminates the app (by means of an informal e-mail to BIM@Reflex.de) or this EULA is terminated by Reflex. In the event of termination or ending of this agreement, the licence in No. 3 expires.

The user’s licence expires immediately if the user tries to circumvent technical protective measures associated with the app or if the user uses the app elsewhere violating the provisions of this EULA. In such a case, the user must destroy all copies of the app and prevent access to the app.

9. Rights and Duties of the Provider

Reflex provides the service with care.

Reflex is not responsible for irregularities during the provision of the service that are a result of the following:

a) incorrect functioning of the web browser used by the customer;
b) incorrect functioning of the internet connection;
c) negative actions by third parties;
d) other reasons that are not the responsibility of Reflex.

The agreement end if the customer:
a) has entered incorrect details in the registration form;
b) violates on the of the conditions of it;
c) uses the service counter to applicable law.

Reflex can carry out updates,repairs and maintenance work to BIM@Reflex and other technical facilities that are used to provide the service, and temporarily shut down access to BIM@Reflex for the length of time needed to carry out these procedures. Information about such a shut down is published on the website.

10. Rights and Duties of the User

The user is required to provide true and accurate details in the registration form.

The user is aware that all of the provider’s details serve purely informational purposes connected to fulfilling the contract. Any use of such information by the user for the purposes of a project or to solve a technical problem is solely at the user’s risk and must be reviewed independently by the user.

The user acquires no rights to files or plug-ins downloaded within the context of the service, with the exception of the licence according to No. 3. The user must comply with the conditions of the licence, in particular the user may not process any files and/or plug-ins or share them with third parties unless this is done as part of a project or another document created using special programs.

In the event of termination of ending of this agreement, the user must delete all downloaded files and/or plug-in without undue delay. In spite of the termination, the user is entitled to jointly use files and/or plug-ins created as part the projects or other documents created using dedicated programs, but only in connection with this project.

11. Data Protection

The Reflex data protection declaration applies to the use of this website and the services it offers. The provisions it includes are hereby made the subject of these Terms of Use.
https://reflex-winkelmann.com/de/datenschutz

12. Amendments

Reflex may cease to offer the app at any time and at its own discretion, with or without the users’ consent. However, Reflex will make every effort to inform the users of this in advance.

Reflex reserves the right to amend, modify, add or remove parts at its own discretion by publishing the updated Terms of Use on the Reflex website. It is assumed that the user accepts these amendments if he continues to use the app. The user is entitled to terminate his licence according to these conditions at any time as soon as the amended version enters into force.

Reflex reserves the right to amend these Terms of Use at any time, if necessary for legal or actual reasons. Reflex will announce amendments to the Terms of Use in plenty of time before they enter into force. The amendment take effect if you do not object within two weeks. When announcing the amendments, Reflex informs you of the right to object and the consequences of the absence of an objection.
Reflex also reserves the right to amend, supplement, delete or temporarily or permanently cease publication of individual pages, parts of pages or the entire offering without special notification.

13. Applicable Law, Place of Jurisdiction

If the user is an entrepreneur, these Terms of User are subject to the material and formal law of the Federal Republic of Germany.
If the user is a consumer, these Terms of Use are subject to the material and formal law of the Federal Republic of Germany if no compulsory statutory provisions, in particular consumer protection regulations, contradict this.
If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Ahlen will be the sole place of jurisdiction for any disputes arising from these Terms of Use.

14. Severability Clause

If parts or individual phrases of these Terms of Use do not, no longer or do not completely comply with the applicable legal situation, the content and validity of the remaining parts remains unaffected. Instead of the ineffective provision, another regulation will replace it that is as close as possible in legal terms to what was intended economically and in actual fact.

If Reflex neglects to implement the conditions of these Terms of Use or one of their provisions, this does not mean renunciation of the corresponding rights.

15. Miscellaneous

This EULA represents the complete agreement on use of the app between the user and Reflex and replaces all previous agreements and promises between them.

Individual and ancillary agreements between the user and the provider must be made in writing n pain of nullity.

Contact:

The BIM@Reflex platform is provided by Reflex Winkelmann GmbH, a German company with its headquarters at Gersteinstraße 19, D-59227 Ahlen. If you have any questions about the BIM@Reflex service, please contact bim@reflex.de.