BIMsolar® – General Terms of Use
This Notice is effective as of February 01, 2023
Welcome to www.bim-solar.com and to https://pim.bim-solar.com/ (hereinafter referred to as “the BIMsolar® web sites”) edited by the EnerBIM Sarl company (hereinafter named “ENERBIM”) as the publisher of BIMsolar®.
The BIMsolar® web sites are portals of technical and commercial resources for designers, engineers, manufacturers, technicians, buyers from all industrial sectors and for technical education.
Among these resources, BIMsolar® Desktop is the main software tool developed and published by EnerBIM.
These General Terms of Use are intended to define the terms and conditions for the provision of the products & services published as BIMsolar® solutions, hereinafter referred to as “BIMsolar®” and the Conditions of Use thereof by the “User”.
Any access and / or use of BIMsolar® imply the acceptance and the respect of all the terms of these Conditions and their unconditional acceptance. They therefore constitute a contract between ENERBIM and the User.
If the User does not wish to accept all or part of these Terms and Conditions, he is asked to waive any use of BIMsolar®.
Legal Notice
BIMsolar® is published and maintained by EnerBIM Sarl with a capital of € 16,580, registered at Toulouse RCS under number 812 293 421 and whose registered HQ is 76ter chemin du ruisseau de Fontbazi – 31450 DONNEVILLE – France.
Phone: +33 (0) 534 520 287.
BIMsolar® is declared to the RGPD French authority -CNIL- under number DPO-57783.
The director of the publication is Mr. Philippe Alamy – Associate Director
The web accommodation is made by OVH, head office: 140, Quai du Sartel, 59100 Roubaix – France.
VAT: FR06812293421
SIRET: 812 293 421 00028
NAF/APE: 5829C
Condition of access to services
Proposed services
BIMsolar® includes standalone desktop software, tools, and web platforms, featuring the BIMsolar® innovative solutions dedicated to solar simulation, architecture and BIPV, related to the building and construction sector. BIMsolar® also expose additional services to ensure the best integration of the BIMsolar® solutions.
Access to services
BIMsolar® is accessible and free of charge in its BETA versions to any User who has access to the Internet. All costs related to access to the solutions and services, whether material costs, software or access to the Internet are exclusively the responsibility of the User. User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
ENERBIM implements all reasonable means at its disposal to ensure quality access to BIMsolar®, but is under no obligation to do so.
ENERBIM cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the BIMsolar® solutions and services.
ENERBIM reserves the right to interrupt, suspend momentarily or modify without notice access to all or part of BIMsolar® for the purpose of maintenance, or for any other reason. This interruption will not have any obligation or compensation.
Registration – Personal Data
To access BIMsolar® solutions and services through the BIMsolar web sites, the User must register online by creating an account (free). User will then be asked to provide certain information and to create a username and password. Similarly, to benefit from a free test and / or receive information about products and services, User may complete a form. To this end, it undertakes to provide accurate, up-to-date, and complete information and to update it, if necessary, as soon as possible.
Regarding their rights with regard to their Personal Data, Users are invited to read the BIMsolar® Privacy Policy page, the content of which forms an integral part of these General Terms of Use.
Limitations of responsibilities
ENERBIM is committed to doing its best to ensure User to always have access to the BIMsolar® solutions. However, ENERBIM cannot be held responsible in case of unavailability of BIMsolar®, for whatever reason.
The user acknowledges having the skills and means necessary to access the BIMsolar® solitions and use them, and acknowledges having verified that the computer configuration used contains no virus or malware and is in perfect working order.
ENERBIM makes every effort to provide users with information and tools that are available and verified, but cannot be held responsible for errors or inaccuracies, lack of availability of information and / or the presence of viruses or other infections on its web sites.
ENERBIM does not grant to Internet Users any explicit or implicit guarantee, with regard to the exactitude, the exhaustiveness or the update of the information contained in the BIMsolar® solutions, or accessible from the BIMsolar® web sites.
In addition, ENERBIM does not guarantee in any way the adequacy of information with the needs of the User, therefore it cannot support any claim for compensation for direct or indirect damage suffered by the user following the consultation and the use of the information obtained through the BIMsolar® solutions.
The User therefore acknowledges using the information and tools available on the BIMsolar® web sites under his exclusive responsibility.
Intellectual property
BIMsolar® desktop and other BIMsolar® software tools, www.bim-solar.com and https://pim.bim-solar.com/ websites, are taken as a whole, as well as each element that composes them (brands, logo, texts, sounds, images, videos, animations, database … without making this list limited), are the exclusive property of ENERBIM.
The User has a right to private, personal, non-collective and non-exclusive use of this content. Subject to the exceptions to copyright provided by Article L122-5 of the French Intellectual Property Code, any other use of the content is subject to prior and express authorization from ENERBIM, especially if the User considers reposting the content on another site. Violation of these mandatory provisions subjects the offender, and all persons responsible, to the criminal and civil penalties provided by law.
For any authorization request, the User must contact the ENERBIM company.
Link with Third Party Solutions
The BIMsolar® solutions offer links to other solutions managed by Third Parties. To the extent that no control is exercised over these external resources, the User acknowledges that ENERBIM assumes no responsibility for the provision of these resources and cannot be held responsible for their content or effects.
Changes to the Terms of Use
ENERBIM may revise these General Terms of Use at any time by updating this document.
All changes are published on the BIMsolar® web sites and solutions, Users are therefore encouraged to check all the Terms from time to time, as the Privacy Policy may also be updated.
Applicable Law and Jurisdiction
These General Terms of Use are subject to French law.
For any dispute or dispute not settled out of court that may arise from these Terms, only the Court of Toulouse, France, will be competent.