Terms and Conditions for Bimser Software Products

These Terms and Conditions (“T&Cs”) govern your access to and use of software products developed and provided by Bimser, including but not limited to QDMS, Ensemble, QGRC, bEAM, eBA, and Synergy (“Software”). By using any of the Software, you agree to these T&Cs.

1. Introduction

Bimser provides enterprise-level solutions for document and process management, governance, risk, compliance, asset management, and other business automation needs. By accessing or using any of the Software, you acknowledge and agree to be bound by these T&Cs, which form a legally binding agreement between you (“User”) and Bimser. If you do not agree to these terms, you should not use the Software.

2. Definitions

• Software: Refers to any software product provided by Bimser, including QDMS, Ensemble, QGRC, bEAM, eBA, Synergy, and any associated updates, patches, or support services.
• User: Any individual or organization that accesses or uses the Software.
• License: The right granted to the User to use the Software in accordance with these T&Cs.
• Company: Refers to Bimser International Corporation and its affiliates.
• Customer Data: Data provided by the customer to use the software.
• Admin User: Individuals authorized by the Customer to manage the account and assign roles.
• Subscription: Paid or free access to the software as detailed in the Order Form.
• Order Form: The purchase documentation or subscription agreement outlining the number of users and access rights.
• Authorized User: Any person authorized to access the software, including Admin Users and regular users.
• Bimser API: Application programming interfaces offered by Bimser to integrate third-party systems.

3. License and Use of Software

Bimser grants the User a non-exclusive, non-transferable, limited license to use the Software solely for internal business purposes. The license is subject to the following restrictions:

• Non-transferable: You may not transfer or sublicense your rights to use the Software to another party without express written consent from Bimser.
• No Reverse Engineering: You agree not to reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law.
• Prohibited Uses: You may not use the Software in a way that violates applicable laws, disrupts third-party systems, or infringes on the rights of others.

4. User Responsibilities

• Compliance: The User agrees to comply with all applicable laws and regulations in the use of the Software.
• Data Security: The User is responsible for maintaining the confidentiality of login credentials and any data stored using the Software.
• Backup: It is the User’s responsibility to maintain appropriate data backups. Bimser is not liable for any loss of data.

5. Intellectual Property Rights

• Ownership: All intellectual property rights in and to the Software, including but not limited to patents, trademarks, copyrights, and proprietary technologies, remain the exclusive property of Bimser or its licensors.
• Third-Party Licenses: The Software may include components that are licensed from third parties. Use of these components is subject to the terms of their respective licenses.

6. Payment Terms

• Subscription Fees: Users must pay the applicable subscription or licensing fees based on the plan they select. All fees are payable as specified in the invoice.
• Late Payments: Failure to pay fees on time may result in suspension or termination of access to the Software.
• Taxes: Users are responsible for all applicable taxes and duties imposed by any governmental authority in connection with the use of the Software.

7. Data Privacy and Security

• Data Collection: By using the Software, Users consent to the collection and processing of their data in accordance with Bimser’s [https://bimser.com/en/privacy-policy/].
• Data Protection: Bimser implements industry-standard measures to safeguard user data, but Users acknowledge that no method of electronic transmission or storage is completely secure. [https://bimser.com/en/security-policy/]

8. Service Availability and Support

• Availability: Bimser strives to ensure that the Software is available 99.9% of the time, excluding planned maintenance and any unplanned outages caused by factors beyond Bimser’s control.
• Support: Users are entitled to technical support as specified in their selected plan. Support inquiries can be submitted through Bimser Support System [https://bss.bimser.com].
• Updates: Bimser may release updates, enhancements, or patches to improve the functionality of the Software, which Users agree to install in a timely manner.

9. Disclaimers and Limitation of Liability

• Disclaimer: The Software is provided “as is” without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation of Liability: To the maximum extent permitted by law, Bimser will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or revenue, arising out of or in connection with the use or inability to use the Software.

10. Termination

• Termination by User: Users may terminate their license to the Software by providing written notice to Bimser. Any pre-paid fees are non-refundable.
• Termination by Bimser: Bimser may terminate this agreement immediately if the User fails to comply with these T&Cs or fails to make timely payments.
• Post-Termination: Upon termination, the User must cease all use of the Software and destroy any copies in their possession.

11. Modifications to the Terms

Bimser reserves the right to update or modify these T&Cs at any time. Users will be notified of any significant changes via email or through an in-app notification. Continued use of the Software following the notification of changes constitutes acceptance of the revised T&Cs.

12. Governing Law and Dispute Resolution

• Governing Law: These T&Cs are governed by the laws of authority of the country that the software being used.
• Dispute Resolution: Any disputes arising from the use of the Software will be resolved through arbitration in accordance with the rules of Arbitration authority agreed on the contract between the parties.

13. Miscellaneous

• Severability: If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Entire Agreement: These T&Cs constitute the entire agreement between Bimser and the User concerning the use of the Software and supersede any prior agreements.
• Waiver: Bimser’s failure to enforce any provision of these T&Cs shall not be deemed a waiver of its right to enforce such provision.