Terms of Use

Welcome to BIMTLY!

Through the BIMTLY application, platform, website, mobile application(s), APIs, related content, and services (collectively the “Service(s)”), Prelako d.o.o., a company registered in Zagreb, Croatia (“Prelako”), provides an online platform under the brand name “BIMTLY” (referred to as “BIMTLY”, “we”, “us”, “our(s)” throughout these Terms). BIMTLY enables users (“Users”, “you”, “your(s)”) to create, upload, manage, showcase, and visualize 3D models. The Service delivers realistic, interactive product experiences accessible directly in a browser on any device, facilitating engagement with customers and stakeholders. BIMTLY strives to ensure the Service is accessible to users across devices and complies with applicable accessibility standards. Contact info@bimtly.com to report accessibility issues.

PLEASE READ THESE TERMS OF SERVICE (“TERMS”), AND OUR PRIVACY POLICY CAREFULLY. THESE ARE LEGALLY BINDING AGREEMENTS THAT CONTROL YOUR ACCESS TO AND USE OF THE BIMTLY SERVICES AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS.

Acceptance

To use the Services, you must agree to these Terms and our Privacy Policy. You can accept these Terms by clicking to agree to the Terms of Service and Privacy Policy where this option is provided in the User interface of the Services. By using the Services, you agree to be bound by these Terms and our Privacy Policy. By using the Services, you represent that you have read, understand, and agree to be bound by these Terms and our Privacy Policy.

Trial Accounts

BIMTLY may offer a free trial of the Service (the “Free Trial Period”), the duration of which will be specified at the time of sign-up or on www.bimtly.com. By creating your user account, you accept the Free Trial Offer and agree to these Terms. If you wish to continue as a paying user after the Free Trial Period, you must contact BIMTLY and enter into a subscription plan (available at www.bimtly.com). You may only use a Free Trial Offer once per account. BIMTLY reserves the right, at its sole discretion, to withdraw, modify, or extend the Free Trial Offer at any time without prior notice and with no liability.

Limited License

BIMTLY To You

Upon your acceptance of these Terms, you may access, download, view, copy, and use the Services and content available on the BIMTLY platform for your use, subject to these Terms. As a condition of this commercial and noncommercial license, you may not distribute any content obtained through BIMTLY to third parties except as expressly permitted in these Terms. For these Terms, “Commercial Use” means your authorized use of the Services to provide third parties with access to the Services for income generation, promotion, or any other commercial advantage or financial gain.

Free Service Users

You acknowledge and agree that BIMTLY may impose or adjust limits on the number of transactions, storage, or resources you use through the Service. Such limits may be set or changed by BIMTLY at its sole discretion and at any time.

You to BIMTLY

BIMTLY claims no ownership over any material you create or upload to the Service (“User Content”), and you retain copyright and any other rights you hold in your Content. By submitting, posting, or displaying your Content in the Service, you grant BIMTLY a non-transferable, non-exclusive license to use your identifying features, including your logo, name, trade name, and domain name (“Brand Features”), to advertise that you are using the Service.

API Usage

If BIMTLY provides access to an application programming interface (“API”), you may use the API solely to enhance your use of the Service, subject to these Terms and any additional API-specific guidelines provided by BIMTLY. You must:

• Obtain an API key from BIMTLY and use it as instructed;
• Not exceed usage limits specified by BIMTLY without prior written approval;
• Not use the API to circumvent restrictions in these Terms or compete with BIMTLY’s Services.

BIMTLY may monitor API usage and suspend or revoke access if you violate these Terms or abuse the API.

License Requirements

If you develop a project or solution using BIMTLY for use by other users, you must:

• Display a link to BIMTLY’s Terms of Use as presented through the Service to the users of your project or solution;
• Explicitly state in your terms of use that your users agree to be bound by BIMTLY’s Terms of Use; and
• Protect the privacy and legal rights of those users.

License Restrictions

Except as expressly permitted under these Terms or with prior written authorization from BIMTLY (or the provider of specific Content), your use of the licenses above is subject to the following restrictions. You must not (nor permit anyone else to):

• Access or use the Service or any Content through any technology or means other than those provided by BIMTLY or explicitly authorized by BIMTLY;
• Copy, translate, modify, create derivative works of, or publicly display any Content or part thereof unless expressly permitted;
• Reverse engineer, decompile, or extract the source code of the Service unless expressly permitted by BIMTLY or required by applicable law;
• Use, edit, or publish Content obtained through the Service with any other service or application besides BIMTLY;
• Manually or systematically harvest information contained within the Service;
• Use the Service in a manner allowing mass downloads or bulk feeds of any Content;
• Use the Service to extract, scrape, or replicate 3D models, textures, or visualizations created by other Users without their explicit consent;
• Use the Service to generate or distribute User Content that misrepresents product features or deceives end-users;
• Use the Service for illegal, improper, or inappropriate purposes (e.g., defamation, harassment, or distributing obscene material);
• Delete, obscure, or alter any warning, notice (including copyright or proprietary rights notices), or link in the Service or Content;
• Use the Service in a way that adversely affects BIMTLY’s commercial interests;
• Hide or mask your service’s identity from BIMTLY while using the Service;
• Violate these Terms or other BIMTLY policies, including but not limited to refraining from:
• • Defaming, abusing, harassing, stalking, threatening, or violating others’ legal rights (e.g., privacy and publicity);
  • Uploading inappropriate, defamatory, obscene, or unlawful content;
  • Infringing any patent, trademark, copyright, trade secret, or other proprietary rights without authorization;
  • Promoting pyramid schemes, chain letters, or disruptive commercial messages;
  • Transmitting viruses, worms, or destructive items;
  • Impersonating others or falsifying Content origins;
  • Interfering with or disrupting BIMTLY Services, servers, or networks.

Any breach or attempted breach of the foregoing is a material violation of these Terms. Inquiries regarding additional uses not expressly provided herein may be submitted to BIMTLY via email at  info@bimtly.com.

Changes to Terms and Services

BIMTLY reserves the right, at its sole discretion, to change, modify, update, alter, or discontinue the Services, these Terms, or other BIMTLY policies, with or without notice. BIMTLY will not be liable for any damage or loss to you or third parties resulting from such changes. Updates to these Terms will be reflected on the Services, and your continued use thereafter constitutes acceptance of any changes.

BIMTLY may label certain features as “experimental” or “beta” as part of ongoing innovation. These Terms will apply to such features until your relationship with BIMTLY is terminated as provided herein.

Your Representations and Warranties

You represent and warrant that your use of the Service will comply with these Terms and all applicable laws, rules, and regulations. By using the Service, you represent that:

• You will comply with all applicable laws and regulations;
• You have full power, capacity, and authority to accept these Terms;
• You will not spam or harass others;
• You will respect other Users’ privacy and not share their private or personally identifiable information;
• You will not use the Service to harm or disrupt another User’s business or reputation;
• Your posted Content will not promote, support, or glorify hatred.

Privacy and Personal Information

By accepting these Terms, you also agree to BIMTLY’s Privacy Policy, incorporated herein by reference.

Content Policy

Account Information

To access the Service, you must have a BIMTLY Account. You agree to provide accurate, correct, and up-to-date information for your account and are solely responsible for its use. If you become aware of unauthorized use of your password or account, notify BIMTLY immediately at  info@bimtly.com.

Sharing of Your Content

If you use BIMTLY’s content-sharing features by uploading or publishing your data or 3D visualizations, you grant BIMTLY a non-exclusive, revocable, royalty-free license to include a non-invasive BIMTLY logo and provide a hyperlink to the BIMTLY platform from your Content.

User-Generated Content

You are solely responsible for any 3D models, textures, or related assets (“User Content”) you upload or create using the Service. You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and share your User Content via the Service;
• Your User Content does not infringe any third-party intellectual property rights, privacy rights, or applicable laws;
• Your User Content complies with these Terms, including restrictions on illegal, obscene, or harmful material.

BIMTLY reserves the right to remove or disable access to any User Content that violates these Terms or is subject to a third-party complaint, without prior notice.

Third Parties

Third-Party Content

The Service may include links to external websites, content, or resources not controlled by BIMTLY. BIMTLY is not responsible for their availability, does not endorse them, and is not liable for any loss or damage resulting from their use or reliance on their content.

BIMTLY’s Subsidiaries and Affiliates

BIMTLY may have subsidiaries and affiliates worldwide providing the Service on BIMTLY’s behalf. You agree that these entities may provide the Service to you.

Third-Party Licensing Terms and Use Restrictions

Services may include third-party data or content (e.g., from providers like Google, Microsoft, or others). Use of such content may be subject to third-party license agreements or restrictions, and you are responsible for compliance. BIMTLY may update these terms, and continued use of the Service constitutes acceptance of any changes.

Intellectual Property

Ownership

BIMTLY (or its licensors and suppliers) owns all rights, title, and interest in the Service, Content, and Technology, including intellectual property rights, whether registered or not. These Terms do not grant you rights to redistribute or claim ownership of the Services.

Trademarks

The BIMTLY logo and other marks used in the Service are the sole property of Prelako or its licensors. You may not alter or use these marks without express authorization.

Claims of Copyright Infringement

BIMTLY responds to notices of alleged copyright infringement under applicable laws. To report infringement, contact us at  info@bimtly.com with a written notice including:

• A signature of the authorized person;
• Identification of the copyrighted work;
• Details of the infringing material;
• Your contact information;
• A good-faith belief statement; and
• A statement of accuracy under penalty of perjury.

BIMTLY may terminate repeat infringers’ access to the Service.

Termination

These Terms apply until terminated by you or BIMTLY. BIMTLY may cease providing the Service or terminate your access without notice if you breach these Terms, if required by law, or if continuing the Service poses economic, security, or technical burdens.

Data Retention

Upon termination of your account (whether by you or BIMTLY), BIMTLY may retain your Content for a period of up to 30 days to facilitate account reactivation or compliance with legal obligations. After this period, BIMTLY may delete your Content without liability, unless required to retain it by law. You are responsible for exporting your Content before termination.

Payments and Billing

Premium Services

Certain Services (“Premium Services”) require payment, as detailed at www.bimtly.com/pricing. Fees may be fixed, usage-based (e.g., per 3D view or storage), or a combination, and are subject to change with prior notice via email or the Service. All amounts are in U.S. dollars unless otherwise stated.

Taxes

You are responsible for all taxes associated with the Services, except Croatian taxes on Prelako’s net income.

Billing

Payments are processed by a third-party Payment Processor under its terms. You agree to pay any amounts due upon demand if payment fails.

Auto-Renewal

Premium Services may auto-renew unless canceled. You authorize periodic charges (e.g., monthly) until you notify BIMTLY to terminate or change your payment method at  info@bimtly.com.

Refund Policy

Refunds are provided only if BIMTLY terminates your Premium Service without cause before the end of a paid period, prorated for the unused portion. Other refunds are at BIMTLY’s sole discretion and subject to the refund process outlined at www.bimtly.com.

Account Cancellation

Free Service Users

You may cancel your free account by discontinuing use.

Premium Service Users

Cancel your subscription by notifying BIMTLY; cancellation takes effect after the current billing period.

Indemnification

You agree to indemnify and hold BIMTLY and its affiliates harmless from claims arising from your breach of these Terms, your use of the Service, or violations of applicable law.

Warranty Disclaimer / Limitation of Liability

The Service is provided “as is.” BIMTLY disclaims all warranties (express or implied) and is not liable for direct, indirect, or consequential damages, except where prohibited by law.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Croatia, without regard to its conflict of laws provisions. You and BIMTLY agree to submit to the exclusive jurisdiction of the courts located in Zagreb, Croatia, to resolve any legal matter arising from these Terms. Notwithstanding this, BIMTLY may seek injunctive remedies (or equivalent urgent legal relief) in any jurisdiction.

Entire Agreement

These Terms constitute the full agreement between you and BIMTLY and govern your use of the Service and Content, superseding prior agreements.

Last updated: March 25th 2025