Terms and Conditions 2017-03-23T08:16:00+00:00

General terms

1 About goBIM

The goBIM Online Service is a platform where manufacturers input product information in order to distribute it to different actors in the construction industry.

BIM is a standertised digital process, which enables all parties in the supply chain to work together and share the necessary information throughout the construction process. The manufacturers’ data can be used in different BIM projects and coBuilder will ensure that the quality of the information is sufficient for that purpose. It is the Client’s responsibility to make sure that the product information the Client enters into goBIM is specific enough so that the product can be identified and used by other actors.

When adding data or creating a Product Data Sheet, the Client has to specify the product trade name and identifiers such as manufacturer product number, barcode etc. Declared product information needs to be comprehensive and specific enough so that it can be used by contractors, specifiers, architects, FM managers etc.
coBuilder has the right to remove information, including Product data sheets and document files in case the quality of the data does not meet the industry standard and the market requirements.
Users of ProductXchange will be able to upload relevant information and data freely, and this information will be added to the Client’s profile. The Client will also have access to data from the other coBuilder systems such as statistics, links, etc.

2 Scope

2.1 This Agreement contains the terms for the provision of the goBIM Online Service as described in the Agreement.

2.2 Anyone using the goBIM Online Service on behalf of the Client is obliged to accept the End-user License Agreement, which shall become a binding part of this Agreement. The Client cannot raise any claims to coBuilder other than what is specified in this End-user License Agreement in regards to the goBIM Online Service. When the Client has registered in our system, coBuider receives the right to send out SMSes, e-mails and other types of messages about special offers, campaigns or any further information connected to coBuilder’s products or services to all the Client’s users.

3 Term

3.1 This Agreement is effective from the subscription start date as stated on page 2. This Agreement shall be automatically renewed for successive one-year periods unless terminated by either Party by written notice delivered at least 3 months prior to the beginning of the next such period. In case of termination, the Agreement is to be deemed terminated as of the last day of the prepaid fixed subscription paid for by the Client.

3.2. If one of the Parties is guilty of substantial noncompliance with the Agreement, which is not remedied within 30 days after being urged thereto by written notice, the other Party may terminate the Agreement with immediate effect.

4 Prices

4.1 The prices for use of the goBIM Online Service are specified in the current coBuilder pricelist. The prices valid at the moment of signing the Agreement are contained in Appendix 3: Pricing goBIM. At any time during the Agreement period, the Client can switch to a subscription type different from the one initially chosen.

4.2. For newly registered Clients of goBIM

The Client will receive access to the goBIM Online Service from the date stated as a subscription start date on page 2. Failure to pay the agreed subscription fee for the Service by the payment deadline will result in coBuilder terminating the access to the Client’s account within 24 hours.

4.3. For existing goBIM Clients

Failure to renew the Client’s subscription will result in coBuilder terminating the Client’s access to the Service within 24 hours after the expiry of the agreed subscription period previously paid for.

4.4. Payment conditions

The consideration is due for payment within 14 days of the invoice date. Delayed payment shall cause interest to accrue pursuant to the Law on overdue payment from 17. dec. 1976.

4.5. Price changes

Should changes in direct and indirect taxation which affect the Agreement be adopted after its conclusion, these are to come at the expense or for the benefit of the Client. The Supplier may, without prior notice, conduct annual price adjustments as per 31.12. and according to the highest change in the consumer price index (CPI) or 5%. Other price changes shall be notified in writing and can only be implemented one month after the notification is sent.

5 Intellectual property

coBuilder holds the ownership rights and all intellectual property rights on the technology, including the goBIM database and any associated programmes and services which coBuilder offers to the Client through goBIM.

The Client has ownership of the Client’s data added to the platform by the Client or data added to goBIM by coBuilder with the Client’s authorisation. The Client retains ownership of data added through ProductXchange by the End-user or coBuilder with the authorisation of the End-user. The Client’s data used in other coBuilder systems or third-parties’ software is their property.

The Client is given a non-exclusive right to use goBIM as defined by the End-user License Agreement provided that the Client has paid for such use and complies with the requirements set by coBuilder to the Client. The Client may allow employees and others who perform functions for the Client to become users of goBIM. The Client acknowledges that only those who perform functions under the same company number as the Client shall be covered by the Client’s subscription.

The Client transfers a non-exclusive and non-time-limited right to coBuilder and all users of coBuilder’s systems offered on the market in Norway and other countries to use all the data and documents the Client or coBuilder with the Client’s authorisation has input in coBuilder’s systems, including goBIM, in the way coBuilder’s systems at any time allow it. Should the Client discover that there are use-related restrictions on some documents or data, the Client shall promptly notify coBuilder in writing identifying the documentation or data in question.

6 The Client’s Obligations

The End-user License Agreement applies to all users the Client creates for goBIM. If the Client does not accept the End-user License Agreement, the Client will not be granted access to goBIM.
Should the Client want to use products or services offered by coBuilder other than what is provided by goBIM, the Client must enter into an agreement and pay for such use to coBuilder.

The Client is solely responsible for acquiring, financing and maintaining the necessary computer equipment and internet access, etc. The Client is responsible for the creation, maintenance and use of data from goBIM for the Client’s needs.

The Client is solely responsible for providing the necessary training on goBIM and its associated services for the Client’s needs. Such training can be organised by coBuilder and billed to the Client as an additional service as per the hourly rate specified in Appendix 3.

The distribution of product information through goBIM is based on what the individual Client or coBuilder with the Client’s authorisation enters as a registered product assortment/product list. To ensure that the right product information is delivered through goBIM, it is important that the products contained in the Client’s registered product assortment/product list are uniquely identified. Unless otherwise agreed with coBuilder, the Client must establish a routine for delivery of updated product assortments/product lists at least every 3 months. Unless otherwise agreed, the Client shall use the current format for description of product assortments/product lists as specified on the goBIM website. As an additional service, the Client may request that coBuilder send the Client a complete template for a product assortment/product list, which is to then be filled out and returned to coBuilder. The Client is in any event responsible for guaranteeing the quality of their product assortment/product list and ensuring it contains no misleading or incomplete information, including controlling data recorded by coBuilder with the Client’s authorisation, before handing it over to coBuilder or importing it into goBIM. If the Client uses information contained in the product assortment/product list that others have rights to, the Client undertakes to keep coBuilder from claims directed against coBuilder and correct such a product assortment/product list on request.

The Client is solely responsible for the use and/or distribution of documentation by product owners (manufacturers) who have NOT signed an agreement for delivery and update of Safety Data Sheets, Declarations of Performance, Assembly Instructions and/or other product documentation through products or services offered by coBuilder.

The Client is solely responsible for ensuring all data which the Client or coBuilder with the Client’s authorisation enters into goBIM is correct, including that such data or data entry does not constitute an infringement of third-party intellectual property rights. This obligation applies to any use of goBIM, including the Client’s reception or distribution of data or information belonging to any third party as well as information that is imported to the Client’s account in the goBIM Online Service from ProductXchange. If the Client has a contractual obligation with third parties that restricts the Client’s right to use such data, the Client is responsible for complying with such agreements. If a third party raises claims against coBuilder due to data or content the Client or coBuilder with the Client’s authorisation has submitted into goBIM, coBuilder can require that the Client acquire the claim with all risks. coBuilder may in any event require that the Client keep coBuilder indemnified for loss coBuilder may inflict by such claims against coBuilder.

If the Client enters personal information in goBIM, the Client is responsible for obtaining the consent of the person the information concerns so that the personal data can be used and redistributed by coBuilder and other users of coBuilder’s systems as allowed by the coBuilder systems. If sensitive information is entered, the Client agrees to get the person the information applies to enter such information into the platform themselves.

7 coBuilder’s Obligations

coBuilder is responsible for the management, operation and maintenance of goBIM.

coBuilder is responsible that goBIM is available online, but is not responsible that the network as such is available or that the Client’s systems are available.

As a supplier of goBIM, coBuilder commits to exercise its business in such a way that coBuilder does not violate internationally recognised principles and guidelines related to human and labour rights, the environment and corruption.

8 Responsibility

coBuilder is, as operator of goBIM, not responsible for the misuse of data or products, nor for any damage (direct or indirect) arising from inaccurate or misleading data or information.

coBuilder is not responsible for events, loss or damage caused by goBIM being unavailable or misused.

If the implementation of the Agreement is wholly or partly prevented or materially impeded by circumstances beyond the Parties’ control, the Parties’ obligations are suspended to the extent that is relevant in the situation, and for as long as the situation lasts. Such factors include, but are not limited to lightning, floods, strikes, lockouts, and any circumstances which under Norwegian law will be judged as force majeure. Either Party may, nonetheless, terminate the Agreement with one month’s notice if the occurrence of the force majeure makes it particularly burdensome for the latter to maintain the Agreement.

The Parties’ liability to each other is limited to direct damages and up to kr. 100 000. The following amounts are not subject to the upper limit for compensation claims if a Party is legally responsible for them: i) Payments to third parties; ii) personal injury, including death; iii) damage to real or movable property; and iv) compensation amounts which under the current legislation cannot be limited. Neither party will be liable for any loss of data.

Each Party warrants to the other Party to hold all necessary material and intangible rights linked to their part of the delivery (coBuilder for the actual system goBIM and the Client for all information the Client or coBuilder with the Client’s authorization enters into distributes through goBIM). If a third party brings an action or makes an objection about infringement of intellectual property rights, the Party possessing the relevant intellectual property rights is to be immediately notified. The Party holding the relevant intellectual property rights should take over the case and the costs and risks associated with the case, and hold the other Party harmless from any claims relating to such infringement or alleged infringement.

9 Transfer of Obligations

Rights or obligations under this Agreement may not be transferred or in any way transmitted to others beyond the provisions of this Agreement without the other Party’s prior written consent.

10 Points of Contact

To ensure cooperation between the Parties, the points of contact indicated on page 2 shall be used for daily communication, notifications or changes to the Agreement. Either Party may change the contact person by sending an e-mail to the other Party’s contact with a 10 days’ notice.

11 Disputes

This agreement is subject to Norwegian law. Any dispute arising out of or relating to this Agreement shall be resolved by negotiations. The Parties accept the Oslo District Court as the legal venue for any litigation that might arise should the Parties fail to resolve disputes through negotiations.

End-user License Agreement for the goBIM Online Service

Last updated in December 2016

1 Acceptance of the End-user License Agreement

1.1. Welcome as a user of the goBIM Online Service.

1.2. Information About Us

The website gobim.com which contains the goBIM Online Service (hereafter “The Service” or “the goBIM Online Service”) is developed and operated by coBuilder (“we”, “our” and “us”). We are a private limited company registered in Norway under company number 979198175 and have our registered office at Vollsveien 9-11, 1366 Lysaker, Norway. You can contact us by sending us an email to post@cobuilder.no.

1.3. By using our Service, you have entered into a binding agreement with us and accept that your use of any of the goBIM Online Service is subject to this End-use License Agreement in effect at the time of your use.

1.4. We reserve the right to change any part of this website or the End-use License Agreement at any time without notice. Any changes to the End-use License Agreement shall take effect from the next time you access this website. You are expected to check the End-use License Agreement from time to time to take notice of any changes we made, as they are binding on you. Notwithstanding the above, we shall not be obliged to keep this website up to date. If the need arises, we may suspend access to this website, or close it indefinitely.

1.5. Your use of the goBIM Online Service is also subject to the Privacy Policy as it is in effect at the time of your use and as incorporated herein.

1.6. Definitions

“Users” means third-party users of the GoBIM Online Service who are authorized to use these services subject to the terms of this agreement as a result of a subscription and having been supplied user identifications and passwords.

“coBuilder” means coBuilder and its registered subsidiaries.

“goBIM account” means an electronic account created for You, provided coBuilder has granted You access to the GoBIM Online Service, to be used in connection with the service.

“goBIM” means all online, Web-based application and platform services made available via the www.gobim.com website registered to coBuilder.

“Content” means all electronic data or information posted by Users on the GoBIM Online Service.

“Client” means any past, present or future client of coBuilder, including those using the GoBIM Online Service.

“End-user License Agreement” means this license agreement, which forms the entire agreement between coBuilder and you regarding the goBIM Online Service.

2 Description of Service

2.1. About the goBIM Online Service

coBuilder’s mission is to simplify data flow between all actors in the supply chain. goBIM Online Service is a platform where manufacturers input product information in order to distribute it to different actors in the construction industry.

When adding data or creating a Product Data Sheet, the client has to specify the product trade name and identifiers such as manufacturer product number, barcode etc. Declared product information needs to be comprehensive and specific enough so that it can be used by contractors, specifiers, architects, FM managers etc. to track which products are being purchased and used in a building or construction project.

coBuilder has the right to remove information, including Product data sheets and document files in case data quality does not meet the industry standard and the market requirements.

The goBIM Online Service provides access to document files and product information stored on coBuilder’s servers as well as metadata for these – such as names, revision date of documents, identifiers of products and other data stored in coBuilder’s database.

2.2. Access to the goBIM Online Service

You will be able to view, search, add and edit products and work with document files attached to them – add, edit, activate and create new versions, subscribe to them and connect documents to products. The valid formats are determined by coBuilder.

coBuilder has a database of Product Data Templates available through the goBIM Online Service. The database is made available to service users, but the number of Product Data Templates that are open for completion is limited to 10. If necessary, and by agreement, the number PDTs the Client is limited to, can be expanded. By completing a Product Data Template with specific data, the Client can create a Product Data Sheet. A Product Data Sheet (PDS) summarises the technical characteristics of each building product, building material or component in compliance with regulatory, market or client-specific requirements.

The documents you create will appear in electronic systems and solutions managed by coBuilder.

You will be able to view, search, add and edit PDSes. Additional restrictions may apply depending on the subscription type and distribution countries.

You can export your product data in various formats, such as PDF, Excel COBie, etc. Additional restrictions may apply, depending on your subscription type and the distribution countries.
Please check the pricelist for the goBIM Online Service.

Your data can be published and shared with other users of coBuilder’s systems.
coBuilder will gather information about the use of your products and can send it to you upon request.

Restrictions may apply, depending on the subscription type and selected distribution country.

3 Your Account

3.1. coBuilder can refuse the registration or cancel of any account in its sole discretion at any time.

3.2. Your goBIM account will be accessed through a user ID and password that You will create or receive by coBuilder (Your “Credentials”) . Your Credentials are solely for Your own use. You are responsible for maintaining the confidentiality of Your Credentials and You are fully and solely responsible for all activities that occur under Your Credentials, whether authorized by You or not. It is Your responsibility to take adequate precautions with Your Credentials and to immediately notify coBuilder of any unauthorized use of Your Credentials.

4 Cancelling and Termination

4.1. coBuilder, in its sole discretion, may terminate your goBIM account and remove and discard any Content within the goBIM Online Service if coBuilder believes that you have violated or acted inconsistently with this End-user License Agreement. On such event any contracts, verbal, written, or assumed, in conjunction with your goBIM account and all its parts, will be terminated at coBuilder’s discretion.

4.2. Any termination of your access to the goBIM Online Service as a resulting from the provisions in this End-user License Agreement can be implemented without prior notice.

4.3. After cancellation or termination of your goBIM account for any reason, you will no longer have access to Your goBIM account, and all information and Content that you have stored in your goBIM account or in the goBIM Online Service may be, but is not required to be, deleted by coBuilder. You shall be liable for taking all relevant back-up copies of your Content, and under no circumstances will coBuilder have any liability for the information or Content that is lost or corrupted in connection with the goBIM Online Service or otherwise deleted due to the cancellation or termination of Your goBIM account.

4.4. You may cancel the subscription for the goBIM Online Service within 3 business days after the activation of the goBIM Online Service.

5 Content, Intellectual Property and Rights

5.1. You confirm that your Content on the goBIM Online Service is your own or licensed to you by a third party, and You warrant that you are entitled to post it to the goBIM Online Service. By posting your Content to the goBIM Online Service, You are granting coBuilder and certain third parties a permission to use your Content to the extent described in this Agreement.

5.2. By using the GoBIM Online Service, You are granting coBuilder, for the purposes of developing its software products and services related thereto, including the goBIM Online Service, a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, modify, publicly perform and publicly display your Content on and through the goBIM Online Service and on and through other services affiliated with coBuilder, regardless of the medium used or of whether such services now exist or are developed in the future. If you post Content on or through the goBIM Online Service, you represent and warrant that you have the right to post that Content and grant the above rights to coBuilder.

5.3. You understand that posting your Content on or through the goBIM Online Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that coBuilder and/or any past, present or future Client of coBuilder may view your Content and may develop or have developed Content, which is identical or similar to yours, or may already know of such Content from other sources. Therefore, you represent and agree to all of the following and acknowledge that coBuilder and its Clients are explicitly relying on such representations and agreement with regard to your Content:

5.3.1 The Content represents either your own original work or you have all the necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in this Agreement. You specifically covenant that Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with coBuilder or any of its Clients, or obligate coBuilder or any of its Clients to treat your Content (or any related materials) as secret or confidential.

5.3.2 If coBuilder and/or any of its Clients do make use of your Content to the extent allowed by this Agreement, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to or related to Your Content.

5.3.3 If Your Content contains any other party’s intellectual property rights, you shall disclose that fact in connection with posting your Content on or through the goBIM Online Service.

5.3.4 You hereby irrevocably release and forever discharge coBuilder and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respective successors and assigns with respect to the Content and the use of the Content in accordance with this Agreement.

5.3.5. By accepting this Agreement, you give coBuilder authorization to use all the data you have entered into goBIM and make it available to other users of goBIM in the way goBIM at any time is offered on the market.

5.3.6 By their acceptance of this Agreement, you give coBuilder the right to send you SMSes, e-mails and other types of messages about special offers, campaigns or any further information connected to coBuilder’s products or services.

5.4 Content posted by another person or company on or through the goBIM Online Service belongs to the poster. Except as expressly permitted in this Agreement, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any other Content that does not belong to You, other than viewing of the Content on or through the goBIM Online Service as goBIM Online Service may make available.

5.5 coBuilder in cooperation with other parties own all right, title and interest in and to the goBIM Online Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the goBIM Online Service, and the combination of all the elements on the goBIM Online Service. goBIM Online Service as a whole, its computer code, user interface, non-Client specific content including translations thereof and graphic elements, are all copyrighted works of coBuilder or certain third parties. Various other aspects of the goBIM Online Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.

5.6 coBuilder grants You a non-exclusive, revocable and limited right to use the goBIM Online Service solely in accordance with this Agreement. By way of example only, and not limitation, You do not have the right to modify, adapt, translate, or reverse engineer any portion of the the goBIM Online Service or any products accessed through the goBIM Online Service, and You do not have the right to index or aggregate any portion of the goBIM Online Service (either by hand or by means of a robot, crawler, or other device). Nothing in this Agreement will be construed as granting you any rights in the goBIM Online Service or any software products accessed through the goBIM Online Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the goBIM Online Service.

5.7 The whole Product data template and the parts of it available in goBIM, the goBIM API and export files belong to coBuilder AS. This includes the Product data template and its structure and contents including properties, measures, units, descriptions and definitions, as well as the predefined combinations of properties and measures that produce different data outputs available. The translations of the Product data template including properies, measures, units, category names are coBuilder’s property.

The Client shall not grant third parties with any rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display the Product Data Template or parts of it.

6 Code of Conduct

6.1 coBuilder has the right, but not the obligation, to remove or block Content from the goBIM Online Service that it determines in its sole discretion to be in violation of this Agreement, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property. coBuilder also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content or engages in such behaviour.

6.2 coBuilder has the right, but is not obliged to control Content posted through the goBIM Online Service and does not guarantee the accuracy, integrity or quality of any Content.

You agree that under no circumstances will coBuilder be liable in any way for any Content, including any errors or omissions, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials or you have other urgent issues, you may report them to support@cobuilder.no.

6.3 If you believe that any material available on or through the goBIM Online Service violates your copyright, you may send coBuilder a copyright infringement notice in writing to the address support@cobuilder.no. coBuilder will do its best to prevent copyright infringement.

6.4 If you submit personal information about others into the goBIM Online Service, you are responsible for obtaining the consent of the person the information concerns so that these personal data may be used and redistributed by coBuilder and other users of coBuilder’s systems as allowed by the coBuilder systems.

7 Additional conditions

7.1 This Agreement will remain in full force while you use the goBIM Online Service. The Agreement will remain valid insofar as appropriate after you have stopped using the goBIM Online Service.

7.2 You agree to keep coBuilder, its parent companies, subsidiaries, affiliated companies, management and employees harmless from and against any claims, including costs and attorneys’ fees, from any third party arising out of (i) your actions while using the goBIM Online Service, (ii ) a claim that you or any third party who uses your credentials, has violated a person’s or an organization’s intellectual property rights or other rights or (iii) violation of this Agreement by you or a third party who uses your credentials.

7.3 The goBIM Online Service is provided “as is” without warranty of any kind with respect to the use of the goBIM Online Service, information / data / content which is included in the goBIM Online Service. coBuilder disclaims all warranties in the broadest legal interpretation. coBuilder and its affiliated companies do not guarantee the accuracy or completeness of information/data/contents in the goBIM Online Service. coBuilder does not guarantee that the goBIM Online Service is available at any time at any place or that the service is flawless, free of computer viruses or other harmful components. No advice or information (whether oral or written) from coBuilder or the goBIM Online Service will apply as a guarantee unless expressly stated in this Agreement.

7.4 Within the broadest interpretation of the law coBuilder cannot be liable for any direct, indirect, incidental, extraordinary, punitive, or consequential damages of any kind, including but not limited to downtime, service disruption and/or loss of information or data regardless whether coBuilder has been informed about the possibility of such occurring.

In cases where applicable law does not allow the above limitation of liability, coBuilder’s liability will be limited to the extent permitted by applicable laws.

7.5. The conditions, validity and execution of this Agreement are governed by and construed in accordance with Norwegian law without taking into account the conflict with legal principles. Any dispute arising out of or related to this Agreement are exclusively governed by an authorised court in Norway.

7.6. If any provision of this Agreement is deemed invalid or unenforceable by a court, shall the invalidity or lack of res judicata of such a provision not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.