ConvertBIM™

Last update: October 2016

Welcome to ConverBIM.com.

ConvertBIM.com is a Convert BIM Content marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), constitute the legal documentation and govern your access to and use of the ConvertBIM™ website, including any content, functionality and services offered through www.convertbim.com (the “Site”), by ConvertBIM.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Terms of Service after any such changes constitutes your acceptance of the new Terms of Service.  If you do not accept the terms of service of ConvertBIM™, or any modifications, please discontinue use of the service and delete your account.  For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

Key Terms

BIM Model is a digital representation of 3D model with the required information created by users through the process of Building Information Modeling by a range of various BIM model format on ConvertBIM.

cJob™/cJobs™ are services, we call it ConvertJob, offered on ConvertBIM.

Sellers are users who offer and perform services through cJob on ConvertBIM.

Buyers are users who purchase services on ConvertBIM.

cJob Page is where the seller can describe their cJob and the cJob’s terms, and the buyer can purchase the cJob and create an order.

cJob Extras are additional services offered on top of the Seller’s cJob for an additional price defined by the Seller.

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s cJob Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered cJob.

Disputes are disagreements experienced during an order between a buyer and seller on ConvertBIM.

Revenue is the money sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase cJob.

Shopping Balance is shopping credit collected from cancelled orders or ConvertBIM promotions to be used for purchasing cJob.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on ConvertBIM. Registration is free.
• cJob™ on ConvertBIM may be offered at a base starting price from USD$25 Some cJobs are offered at a base price of more than USD$25 as determined by the seller for non-building projects.
• Buyers pay BIMLife in advance to create an order.
• Orders are purchased through the Order button found on a seller’s cJob page or through a Custom Offer.
• For fees and payments please read the purchasing section
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through cJob Extras, or selling their cJob in multiples.
• Users may not offer or accept payments using any method other than placing an order through ConvertBIM.com.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their cJob page. Note: some cJobs charge additional payments (through cJob Extras) for Commercial Use License.
• BIMLife retains the right to use all published delivered works for ConvertBIM marketing and promotion purposes.
• We care about the privacy of our users and encourage you to read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS

Basics

• Sellers create CJobs™ on ConvertBIM™ to allow buyers to purchase their services.
• Sellers may also offer Custom Offers to buyers in addition to their CJobs.
• Each order you sell and successfully complete, accredit your account with a net revenue of 90% of the purchase amount.
• ConvertBIM™ accredits sellers once an order is completed.
• If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• Sellers may not promote their CJobs or any ConvertBIM™ content via the AdWords platform.
• Sellers may withdraw their revenues using one of ConvertBIM™’s withdrawal options.
• The seller’s rating is calculated based on the order reviews posted by buyers.
• For security concerns, ConvertBIM™ may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple ConvertBIM™ accounts to a single withdrawal provider.

CJobs™

• Sellers are allowed to post a select amount of active CJobs.
• CJobs created on ConvertBIM™ are User Generated Content.
• CJobs may be removed by ConvertBIM™ for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our contact form.
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of CJobs
  • Spam, Nonsense, or Violent CJobs
  • CJobs misleading to buyers
  • Reselling of regulated goods
  • Services that extend beyond 30 days of service duration
• CJobs that are removed for violations mentioned above, may result in the suspension of the seller’s account.
• CJobs that are removed for violations are not eligible to be restored or edited.
• CJobs may be removed from our Search feature due to poor performance and/or user misconduct.
• CJobs may include pre-approved website URLs contained within the CJob description and requirements box. CJobs containing websites promoting content, which violates ConvertBIM™’s Terms of Service, will be removed.
• CJobs are required to have an appropriate CJob image related to the service offered. An option to upload two additional CJob images are available to all sellers.
• CJobs may contain an approved CJob Video uploaded through the CJob management tools available on ConvertBIM™.
• Statements on the CJob Page that undermine or circumvent these Terms of Service is prohibited.

CJob Extras

• CJob Extras are additional services offered on top of the Seller’s CJob for an additional price defined by the Seller.
• CJob Extras may be removed for violations of our Terms of Service. For specific terms, please see the CJobs™ section above for a list of services that violate our Terms of Service. CJobs are subject to be removed due to violations found in CJob Extras.
• The amount of CJob Extras, which can be offered, and the price for each CJob Extra, is based on the seller.
• Services offered through CJob Extras must be related to the base service and part of the deliverables on the order.
• CJob Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an order for each CJob Extra that is added to the order. This is to cover the time needed to complete the extra service.

Seller Features

ConvertBIM™ sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a buyer.
• Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate ConvertBIM™’s Terms of Service.

Shipping Physical Deliverables

Some of the services on ConvertBIM™ are delivered physically (3D prints, etc.). For these types of CJobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

• CJobs that include shipping costs must have physical deliverables sent to Buyers.
• Shipping costs added to a CJob only pertains to the cost sellers require to ship physical items to Buyers.
• Important: Buyers who purchase CJobs that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
• ConvertBIM™ does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of ConvertBIM™’s withdrawal methods.
• Your ConvertBIM™ profile can be associated with only one account from each ConvertBIM™ withdrawal methods. A withdrawal provider account can be associated with only one ConvertBIM™ profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

 Withdrawal Methods

* Additional fees may apply based on your location and currency.

BUYERS

Basics

• You may not offer direct payments to sellers using payment systems outside of the ConvertBIM™ Order system..
• ConvertBIM™ retains the right to use all publically published delivered works for ConvertBIM™ marketing and promotional purposes.

Purchasing

• Buyers pay ConvertBIM™ to create an order from a seller’s CJob page or Custom Offer, using the Order Now button.
• In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through ConvertBIM™ Anywhere.
• CJobs may be purchased using one of the following payment methods: Credit Card, PayPal, or ConvertBIM™ Credit.
• If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
• You may not offer sellers to pay, or make payment using any method other than through the ConvertBIM™.com site. In case you have been asked to use an alternative payment method, please report it immediately through our contact form.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

VAT

This paragraph only applies to buyers located in Israel: Israeli buyers will be charged VAT in addition to the CJob price shown on the CJob page. An invoice will be provided to allow eligible users to claim back the VAT from the tax authorities.

ORDERS

Basics

• Once payment is confirmed, your order will be created and given a unique ConvertBIM™ order number (#CB).
• Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their CJob.
• Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
• An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
• We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact ConvertBIM™ through the contact form.

   Handling Orders

• When a buyer orders a CJob, the seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their CJobs. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. ConvertBIM™ will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.

Reviews

• Feedback reviews provided by buyers while completing an order are an essential part of ConvertBIM™’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
• Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the ConvertBIM™ platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the ConvertBIM™ platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by buyers are publicly displayed on a seller’s CJob page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
• Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller’s Live Portfolio on their CJob page if the buyer chooses to publish the Work Sample while providing a public feedback review.
• In order for the users to interact and review the BIM works, ConvertBIM.com is currently working with partners to incorporate a 3D viewer.
• Withholding the delivery of services, files, or information required to complete the CJob’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for CJobs with shipping). If no response is provided within the response period, the order will be considered completed.
• Once the order is completed, the Seller will automatically bill the Buyer on ConvertBIM™ platform. If the Buyer does not response to the payment, the late payment by the Buyer will be subjected to a late penalty fee of 2% per month from the due date until the amount is fully settled.
• Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
• Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

Disputes and Cancellations

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact ConvertBIM™ through the contact form.

Basics

• Order cancellations can be performed on ConvertBIM™, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
• ConvertBIM™ reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the CJob and the delivery may not be used if payment is cancelled for any reason.
• If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
• Revisions to deliveries can be performed by sellers based on the seller’s CJob and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
• Requests for revisions can be performed through the Order page while the order is marked as Delivered.
• Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• ConvertBIM™ encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to ConvertBIM™ to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the ConvertBIM™ delivery system. See below for Order specific eligibility.
• Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the CJob page.
• Buyers must use ConvertBIM™ Resolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of ConvertBIM™.
• Any non-permitted usage of ConvertBIM™ encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to ConvertBIM™’s Terms of Service.
• ConvertBIM™ Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active orders(after the buyer submits their requirements and before the seller delivers on ConvertBIM™)
    • The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
    • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
    • The user is no longer an active ConvertBIM™ user due to Terms of Service violations or closure of their account.
  • Delivered Orders(after the seller clicks Deliver Now and before the order is marked as complete)
    • The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
      • Note: Multiple reported offenses will result in permanent suspension of your account.
    • The seller delivers no files and/or proof of work related to the agreed upon order requirements.
      • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
    • The seller requests additional payments, on or off the ConvertBIM™ platform, by withholding the final delivery of services directly related to the agreed requirements.
    • The seller is withholding the final delivery of services for improved ratings.
    • Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.
    • Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
  • Completed Orders(after the order is marked as complete and before the 14 day limitation)
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
    • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
      • Note: Terms of Commercial use is found on the seller’s CJob page and cannot be retroactively included once the order is completed for over 14 days.
    • ConvertBIM™ Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
  • No Shows / Unpaid cJobs(after the order is marked as complete and before the 14 day limitation)
    • If the Buyers do not response or ignore all payment reminders, ConvertBIM reserves the rights to collect any amounts owing to ConvertBIM.com by any other legal means to the company registered under account set up.

Refunds

• ConvertBIM™ does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on ConvertBIM™.
• Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

USER CONDUCT AND PROTECTION

ConvertBIM™ enables people around the world to create, share, sell and purchase nearly any BIM service they need at an unbeatable value. Services offered on ConvertBIM™ reflect the diversity of an expanding CJob economy. Members of the ConvertBIM™ community communicate and engage through orders, social media, and on ConvertBIM™’s Community Forums.

ConvertBIM™ maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of ConvertBIM™. This section relates to the expected conduct users should adhere to while interacting with each other on ConvertBIM™.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please write in through the contact form.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of ConvertBIM™ in order to circumvent or abuse the ConvertBIM™ messaging system or ConvertBIM™ platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• ConvertBIM™ does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
• ConvertBIM™ does not provide protection for users who interact outside of the ConvertBIM™ platform.
• All information and file exchanges must be performed exclusively on ConvertBIM™’s platform.
• Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

Orders

• Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• ConvertBIM™ reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, ConvertBIM™ will return parts or full revenue back to sellers.

CJobs

• Users may report CJobs to Customer Support that may be in violation of ConvertBIM™’s Terms of Service based on the reported CJob’s replicated similarity to pre-existing services (copycat CJobs).
• ConvertBIM™ will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Insufficient Funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, ConvertBIM.com reserves the right to collect any amounts owing to ConvertBIM.com by any other legal means.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – ConvertBIM™ does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on ConvertBIM™ should be friendly, constructive, and professional. ConvertBIM™ condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – ConvertBIM™ takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of ConvertBIM™ will not be protected by our Terms of Service.

Intellectual Property Claims – ConvertBIM™ will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use ConvertBIM™ for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the ConvertBIM™ community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to ConvertBIM™’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on ConvertBIM™. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell ConvertBIM™ accounts.

General Terms

• ConvertBIM™ reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
• Violation of ConvertBIM™’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on ConvertBIM™.
• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to ConvertBIM™’s approval.
• Disputes should be handled using ConvertBIM™’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting ConvertBIM™ Customer Support.
• ConvertBIM™ may make changes to its Terms of Service from time to time. When these changes are made, ConvertBIM™ will make a new copy of the terms of service available on this page.
• You understand and agree that if you use ConvertBIM™ after the date on which the Terms of Service have changed, ConvertBIM™ will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to ConvertBIM™ by our users (Buyers and Sellers) is User Generated Content. ConvertBIM™ does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, ConvertBIM™ is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the CJobs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate CJobs™ service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on ConvertBIM™. Sellers advertising their CJob online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the CJob and may lead to the suspension of seller’s account.

Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of Intellectual Property rights.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s CJob page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the CJob and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as 3D prints, artist impressions images, images generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some CJobs (including for custom created work) charge additional payments (through CJob Extras) for a Commercial Use License. This means that if you purchase the CJob for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a CJob Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to ConvertBIM™, including CJob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by ConvertBIM™ for no consideration for marketing and/or other purposes.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to ConvertBIM™’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor ConvertBIM™ will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CONVERTBIM™ NOR ANY PERSON ASSOCIATED WITH CONVERTBIM™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL CONVERTBIM™, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.