Transparency on Terms & Conditions

These are the terms and conditions for: ‍

• ‍https://www.cellbim.com‍
• https://www.nomitech.com‍
• https://www.nomitech.gr
• https://www.bimct.io
• https://365.cellBIM.com
• All or any Nomitech products

By using the website or product services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words"website" refers to the Nomitech websites specified at the beginning of this policy, “products” refers to all or any software product offered by Nomitech, collectively, "we", "us","our" and "Nomitech" refers to Nomitech and"you", "client" and "user" refer to you, the user and client of Nomitech.

The following terms and conditions apply to the website or product services offered by Nomitech. This includes the mobile and tablet versions as well as any other version of Nomitech accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM NOMITECH. 

1. Acceptance of Terms

This agreement sets forth legally binding terms for your use of Nomitech. By using the website or product services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website or product services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website or product services offered on the website or by using our products after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organisation to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organisation, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organisation and you must discontinue all use of the service immediately.

Use of the services is prohibited for minors under the age of 13. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of the parents and legal guardians to determine whether use of the services or any of the content and functionality available on the website is appropriate for their child or ward.  

Nomitech may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website or product services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website or product services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. Notifications and Newsletter

By providing Nomitech with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content. 

3. Account

Users may register and open an account on the website https://www.cellbim.com or https://365.cellbim.com. Users may register through their Google, Linkedin and Facebook accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Nomitech of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Nomitech's prior authorisation. Nomitech will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to Nomitech.

Nomitech reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Nomitech believes that you have breached any of theseTerms, provided Nomitech with false or misleading information, or interfered with any other party's use of the services.

4. Nomitech

Nomitech offers the following products:

*(https://www.nomitech.com):

• CostOS Standalone
• CostOS Enterprise (on premises or on the cloud)
• 2D Takeoff, BIM & GIS plugins
• CostOS Knowledge bases
• CostOS Cost Databases
• CosMO Benchmarking

*(https://www.cellbim.com):

• Cell2D
• CellBIM
• CellBIM Viewer
• CellBIM Cloud

*(https://www.cellbim.com):

• CellBIM 365

*(https://www.bimct.io)

• BIMCT

The user or client can request information about our products or request a free demonstration of them through the forms available on the website or through our contact information before purchasing our products. Our support team will be attentive and available to answer your questions and concerns.

Nomitech also offers configuration, integration and training services for our products. Please inquire about our services through our support team.

Nomitech may discontinue the availability of services or products at any time at its sole discretion. Pricing for products and services will be determined by the type of product purchased by the client.

5. Store

Nomitech offers the following products through its websites (https://www.cellbim.com & https://365.cellbim.com):

• CellBIM
• Cell2D
• CellBIMCloud
• CellBIM365

The products are available through monthly subscriptions of 1 year, 2 years and 3 years and can be paid by the following payment methods:

• Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.).
• PayPal

The payment will be charged to the user's credit/debit card or PayPal account immediately upon completion of the payment process according to the product selected by the client. Once the transaction is processed, we will send a confirmation email and a payment receipt to the user's email address.

If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the client service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (AddressVerification System) mismatch, or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

The products are available through subscriptions that include automatic monthly billing payments. You authorise Nomitech to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period.If a subscription is cancelled, the user may continue to use the website payment features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be cancelled.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the products. Nomitech reserves the right to engage any payment platform available on the market, which processes your details for the sole purpose of processing the purchase of the products.

6. Disclaimer

By purchasing or contracting for our products and services, you agree that Nomitech does not guarantee any profit results, success or failure of the services or products provided by Nomitech. Nomitech shall not be liable for any losses or benefits our clients may suffer or obtain that are directly or indirectly related to the provision of our services and products. Client acknowledges that the ultimate success or failure in the use of the products and services provided by Nomitech will be the result of each client's particular situation, beyond the control of Nomitech.

By accessing the website and the content available on the website (blog), you accept personal responsibility for the results of using the information available on the content.  You agree that Nomitech has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Nomitech provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.

7. License to use the Platform

By purchasing and using our products including free demos, Nomitech grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the products in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any portion of our products or the software included in the products, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

You agree not to use our products in a negligent, fraudulent or unlawful manner. You further agree not to engage in any conduct or action that may damage the image, interests or rights of Nomitech or any third party.

Nomitech reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Nomitech believes that you have violated any of these terms or interfered with the use of the products by other customers or third parties.

8. Copyright

All materials on Nomitech, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Nomitech or by third parties that have licensed or otherwise provided their material to the website.You acknowledge and agree that all materials on Nomitech are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Nomitech prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Nomitech or any part of the material for any purpose other than its intended purposes is strictly prohibited.

9. Copyright Infringement

Nomitech will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations.Nomitech respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Nomitech platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Nomitech can find it on the website.  
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

10. Confidential Information

Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Nomitech will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Nomitech may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.

11. Forum

Users may provide content and comments through the forum. Users retain any copyright or other rights they may have in the information they provide through the forum. Nomitech is not responsible for the accuracy, safety or legality of the content posted on the forum by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the forum, the user grants Nomitech a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the user's content for the sole purpose of using and displaying it within the forum and to the general public.

12. User Content Representations and Warranties

Nomitech disclaims all liability in connection with the content of the user. The user is solely and exclusively responsible for its content and the consequences of providing content through the forum. By providing and uploading content through the forum, you affirm, represent and warrant that:

1. Your content does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Nomitech to violate any law or regulation.
2. Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
3. Your content does not and will not contain hateful content, threat of physical harm or harassment.

13. User Content Disclaimer

Nomitech may, at any time and without notice, filter, remove, edit or block any UserContent that, in our sole judgment, violates these Terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content from the forum, which we reserve the right to do at any time without notice. You acknowledge and agree that Nomitech reserves the right to, and may from time to time, monitor all information transmitted or received through the forum for operational and other purposes. If at any time Nomitech decides to monitor content, Nomitech continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content.During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy. 

14. Personal Data

Any personal information you submit in connection with the product services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information.Please see our privacy policy.

15. Prohibited Activities

The content and information available on the website or products (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Nomitech or licensed to the Nomitech by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website or products. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website or products into any other websites or products without our prior written authorisation.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Nomitech in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or product features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by Nomitech.

16. Disclaimer of Warranties

Because of the nature of the Internet Nomitech provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website or products will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us.These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website or products in breach of these terms you will be liable to and will reimburse Nomitech for any loss or damage caused as a result.

Nomitech shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Nomitech excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Nomitech and Nomitech shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website or in the products.
• The infringement by any person of any IntellectualProperty Rights of any third party caused by their use of the website or products purchased.
• Any loss or damage resulting from your use or the inability to use the website or products or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or product or from transmissions via emails or attachments received from Nomitech.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

17. Electronic Communications

No responsibility will be accepted by Nomitech for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

18. Indemnification

You agree to defend and indemnify Nomitech from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services. 

19. Changes and Termination

We may modify the website, the products and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website or products constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients.In addition, we may terminate our agreement with you under these terms at anytime by notifying you in writing (including by email) or without notice.

20. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nomitech as a result of these terms or your use of the services.

21. Integration Clause

This agreement together with the privacy policy and any other legal notices published by Nomitech, shall constitute the entire agreement between you and Nomitech concerning and governs your use of the website and the products services.

22. Disputes

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Nomitech, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and product services.

The courts of the United Kingdom and Greece shall have jurisdiction over any dispute, controversy or claim relating to Nomitech and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United Kingdom and Greece. 

23. Final Provisions

These terms and conditions are governed by the laws of the United Kingdom and Greece, and Nomitech may choose the specific law applicable to these terms and conditions. Use of the website and products services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or product or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

24. Contact Information

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

• ‍Nomitech
• Email: info@nomitech.com