Terms of Service

Effective Date: October 23, 2026 Version: 2026-10-23 Last Updated: October 23, 2026

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IMPORTANT — READ BEFORE USING THE SERVICES

BIM Pro AI is a productivity and documentation-assistance tool. It is not a code authority, not a licensed design professional, and not a source of truth for code compliance.

Every output the Services produce — including every compliance check, pass/fail indication, calculated value, energy-code report, COMcheck-style report, citation, summary, and explanation — may be incomplete, outdated, misconfigured, mismatched to your jurisdiction, or simply wrong. Outputs may report a failure where none exists, or report a pass where a real failure exists. Either error can cost you money.

You must independently verify every output through a licensed design professional and the applicable authority having jurisdiction before you rely on it for any design decision, cost estimate, bid, quotation, contract, submittal, permit application, certification, or seal. Your obligation to verify is a material term of this Agreement, and BIM Pro AI's pricing is set in direct reliance on it.

Sections 9 (Disclaimer of Warranties), 10 (Assumption of Risk), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Binding Arbitration and Class Action Waiver) limit our liability to you, shift risk to you, require most disputes to be resolved by individual binding arbitration, and waive your right to a jury trial and to participate in a class action. Please read them carefully.

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1. Agreement to Terms

1.1 Acceptance

These Terms of Service (the "Terms" or this "Agreement") form a legally binding contract between you and BIM Pro AI, Inc., a Georgia corporation doing business as "BIM Pro AI" ("BIM Pro AI," "Company," "we," "our," or "us").

This Agreement governs your access to and use of:

• the websites at bimproai.com, www.bimproai.com, account.bimproai.com, download.bimproai.com, docs.bimproai.com, and any successor or related domain (the "Sites");
• the BIM Pro AI Autodesk Revit add-in and any other desktop, plug-in, or client software we make available (the "Software");
• the BIM Pro AI hosted platform, application programming interfaces, compliance calculation engine, reporting features, and account portal (the "Platform"); and
• all documentation, support, and related services

(collectively, the "Services").

You accept this Agreement by clicking "I agree," creating an account, checking an acceptance box, installing or using the Software, accessing the Platform, or otherwise using any part of the Services. If you do not agree, you must not access or use the Services.

1.2 Authority to Bind

If you use the Services on behalf of a company, firm, partnership, agency, or other entity ("Customer"), you represent and warrant that you are at least eighteen (18) years old, have full legal authority to bind that entity to this Agreement, and are doing so. In that case, "you" means both you individually and that entity, and both are jointly and severally responsible for compliance with this Agreement.

1.3 Business Use Only

The Services are offered solely for commercial and professional use by businesses and professionals. The Services are not intended for, marketed to, or offered to consumers for personal, family, or household purposes. You represent that you are acquiring the Services for business purposes. You acknowledge that this Agreement is a business-to-business commercial contract negotiated between sophisticated commercial parties, and that consumer-protection statutes designed for personal, family, or household transactions are not intended to apply.

1.4 Additional Terms

Certain features may be subject to additional terms presented at the time of access (for example, order forms, enterprise agreements, beta program terms, or data processing addenda). Those additional terms are incorporated into this Agreement. In the event of a conflict, a signed written order form or enterprise agreement controls over these Terms for that specific customer, and these Terms control over all other materials, including marketing materials, sales statements, proposals, documentation, help articles, and any purchase order or vendor form you issue.

1.5 Changes to These Terms

We may modify this Agreement at any time. We will post the revised version with an updated Effective Date and, for material changes, provide reasonable notice by email or in-product notification. Changes are effective upon the stated Effective Date, and your continued use of the Services after that date constitutes acceptance. If you do not agree to a modification, your sole and exclusive remedy is to stop using the Services and terminate your account under Section 18. Modifications will not apply retroactively to a dispute that arose before the change took effect.

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2. Definitions

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3. THE SERVICES ARE NOT A SOURCE OF TRUTH

This Section is the most important part of this Agreement. By using the Services, you specifically acknowledge and agree to every statement in it.

3.1 What the Services Actually Are

The Services are a software tool that reads data you provide, applies calculation logic, and produces draft documentation and explanatory text to help licensed professionals work faster. That is all they are.

The Services are not:

• a code compliance determination, certification, approval, or clearance;
• an official, authoritative, or legally operative statement of whether any building, system, assembly, component, or design complies with any code, standard, ordinance, statute, regulation, or contractual requirement;
• an engineering, architectural, energy modeling, commissioning, code consulting, cost estimating, quantity surveying, legal, insurance, or professional service of any kind;
• a substitute for a licensed architect, licensed professional engineer, energy modeler, code consultant, plan reviewer, estimator, or attorney;
• a permit, permit guarantee, plan-review pre-approval, or any assurance of any AHJ's action;
• an official output of, or affiliated with, any government agency, national laboratory, standards development organization, code council, or software published by any of them; or
• a source of truth for any purpose whatsoever.

The only authoritative sources of truth for code compliance are the enacted code text applicable to your project, the AHJ with jurisdiction over your project, and the licensed design professional who seals your documents. The Services are none of those.

3.2 Compliance Outputs Can Be Wrong — Including in Ways That Cost You Money

You expressly acknowledge and agree that Compliance Outputs may be incorrect, and that both false failures and false passes will occur. Without limiting the generality of the foregoing, you acknowledge each of the following specific risks:

(a) False failure (output indicates non-compliance when the design actually complies). A Compliance Output may report a failure, deficiency, shortfall, or "non-compliant" result that does not actually exist under the applicable code as interpreted by the AHJ. Acting on such an output may cause you or your client to over-design, over-specify, add unnecessary insulation, glazing, equipment, or systems, redesign unnecessarily, issue unnecessary change orders, delay a schedule, re-run analyses, retain additional consultants, or otherwise increase project cost without any corresponding requirement to do so.

(b) False pass (output indicates compliance when the design actually does not comply). A Compliance Output may report a pass, surplus, margin, or "compliant" result where the design in fact does not comply, or does not comply under the AHJ's interpretation. Relying on such an output may result in plan review rejection, permit denial, failed inspection, stop-work orders, mandated redesign, demolition and rebuild, retrofit, fines, penalties, disciplinary action, loss of certification or rating, delay, liquidated damages, or claims against you by owners, contractors, lenders, insurers, or purchasers.

(c) Excessive or misleading compliance margin. A Compliance Output may indicate that a design exceeds requirements by a margin that is inaccurate, mis-scaled, or computed on incorrect inputs or assumptions. A client, owner, or reviewer who relies on such an indication may conclude that money was unnecessarily spent on a building, or may reduce scope in reliance on a margin that does not actually exist.

(d) Estimating, bidding, quoting, and contracting risk. You must not use any Compliance Output as a basis for a cost estimate, budget, bid, quotation, guaranteed maximum price, lump-sum price, unit price, allowance, contingency, value-engineering decision, procurement decision, or any commercial commitment. If you do so anyway, you accept full responsibility for the result, including under-quoting, under-bidding, mis-scoping, cost overruns, unrecovered change orders, margin erosion, and losses on fixed-price or design-build contracts.

(e) Jurisdictional mismatch. The Services may apply, or you may inadvertently select, a code edition, amendment, climate zone, occupancy classification, compliance path, building type, or local amendment that is not the one your AHJ actually enforces. Codes are amended locally in ways the Services may not reflect. Adoption status, effective dates, local amendments, and AHJ interpretations change frequently, and the Services may be out of date at any moment.

(f) Input, extraction, and modeling error. Compliance Outputs depend entirely on the completeness and accuracy of Model Data, Uploaded Documents, and settings you supply. Revit models routinely contain incorrect, placeholder, missing, duplicated, mis-categorized, or non-standard data. Extraction from a model is inherently imperfect. Garbage in produces garbage out, and the Services cannot detect most input errors.

(g) AI limitations. If and when the Services use artificial intelligence, machine learning, large language models, or probabilistic retrieval: these technologies are known to produce fabricated, hallucinated, incorrect, incomplete, internally inconsistent, or non-reproducible outputs, including invented or misattributed citations, section numbers, and quotations. Identical inputs may produce different outputs at different times. AI-generated explanations, summaries, and citations are illustrative aids only and must be independently verified against the actual code text. This subsection applies to every AI-assisted feature from the moment it becomes available to you. The Services do not currently include such features (Section 19.16).

(h) Software defects and failure. The Services may contain bugs, logic errors, rounding errors, unit-conversion errors, mapping errors, regression defects, and undiscovered flaws. The Services may fail, be unavailable, produce no output, produce partial output, time out, lose in-progress work, or terminate unexpectedly.

(i) Third-party dependency failure. The Services depend on third parties, including Autodesk, hosting providers, and payment processors. Their outages, changes, deprecations, or errors may cause the Services to fail or to produce incorrect results.

(j) Changed conditions. An Output that was correct when generated may become incorrect due to code amendments, design changes, model changes, product substitutions, field conditions, or AHJ reinterpretation.

3.3 Your Mandatory Independent Verification Obligation

As a condition of using the Services, you agree that you will, at your own expense and before any reliance:

1. Have every Compliance Output independently reviewed, checked, and verified by a licensed design professional qualified in the relevant discipline and licensed in the project's jurisdiction, using original code text and appropriate professional methods, and not relying on the Services to perform that review;
2. Independently confirm the applicable code edition, amendments, compliance path, and requirements with the AHJ having jurisdiction over the project;
3. Independently verify all inputs, including all Model Data, extracted quantities, assemblies, U-factors, R-values, areas, ratios, occupancy and space classifications, equipment efficiencies, and settings;
4. If the Services present an AI-generated explanation, independently verify every citation, section reference, and quotation in it against the actual enacted code text you are licensed to access;
5. Never submit any Output to an AHJ, client, owner, contractor, lender, insurer, or third party without that independent professional review, and never present any Output as if it were an authoritative determination; and
6. Never seal, stamp, certify, or sign any document based on an Output without performing the independent professional review and analysis required by your license, professional standard of care, and applicable law.

A licensed professional who seals or certifies a document remains fully and solely responsible for it. Use of the Services does not transfer, share, reduce, or discharge any part of that responsibility, and does not alter your professional standard of care.

3.4 No Reliance

You agree that you will not rely, and that it is unreasonable to rely, on any Compliance Output or other Output as a source of truth. You acknowledge that you have not been induced to enter into this Agreement by, and are not relying on, any statement, representation, warranty, demonstration, marketing material, sales communication, benchmark, accuracy claim, or promise not expressly set out in this Agreement. Any reliance you nonetheless place on any Output is entirely at your own risk and is your own independent business decision.

3.5 No Professional Relationship

Use of the Services does not create an architect-client, engineer-client, attorney-client, consultant-client, fiduciary, agency, partnership, joint venture, or employment relationship between you and BIM Pro AI. BIM Pro AI does not practice architecture, engineering, or any other licensed profession, does not offer to do so, and does not hold itself out as doing so. BIM Pro AI owes you no professional duty of care and does not assume any duty of care with respect to any project. No employee, contractor, or representative of BIM Pro AI is authorized to provide professional advice or to modify this Section, and any statement that purports to do so is unauthorized and of no effect.

3.6 No Affiliation with Government Agencies, Laboratories, or Standards Bodies

BIM Pro AI is an independent commercial company. BIM Pro AI is not affiliated with, sponsored by, endorsed by, certified by, accredited by, licensed by, or approved by the U.S. Department of Energy, Pacific Northwest National Laboratory, any national laboratory, the U.S. Green Building Council, any state energy commission, any building code council, any standards development organization, any professional licensing board, or any AHJ.

Outputs the Services produce are BIM Pro AI's own work product. They are not official outputs of any government software, are not generated by any government or third-party compliance application, and carry no governmental or institutional imprimatur. Any reference in the Services to a code, standard, program, or tool is nominative and descriptive only, is used solely to identify subject matter, and does not imply any affiliation, sponsorship, endorsement, or partnership. All third-party names and marks are the property of their respective owners.

No AHJ is obligated to accept any Output. An AHJ may reject, disregard, or require replacement of any Output for any reason or no reason, and may require submissions on official forms or through official software. BIM Pro AI has no responsibility for any AHJ's decision.

3.7 Acknowledgment

You acknowledge that you have read this Section 3 in its entirety, that you understand it, that it is a material and bargained-for term of this Agreement, that BIM Pro AI would not offer the Services at the stated prices — or at all — without it, and that you accept every risk described in it.

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4. Accounts, Seats, and Access

4.1 Registration

You must create an account through the account portal to use most Services. Accounts are created only on the account portal, never inside Revit. You agree to provide accurate, current, and complete information and to keep it updated. We may refuse, suspend, or terminate any account at our discretion.

4.2 Credentials and Account Security

You are solely responsible for safeguarding your credentials, API keys, tokens, and devices, and for all activity occurring under your account, whether or not authorized by you. You must notify us immediately at support@bimproai.com of any suspected unauthorized access. We are not liable for any loss arising from unauthorized use of your account, and you remain liable for such use, including for fees incurred.

4.3 Seats and Authorized Users

Access is licensed per named Authorized User seat unless your order form states otherwise. Seats may not be shared, pooled, concurrently used by multiple individuals, or transferred except as expressly permitted in the Services. You are responsible for your Authorized Users' acts and omissions as if they were your own, and you must ensure each is bound by terms at least as protective as this Agreement.

4.4 Third-Party Account Linking

Certain features require you to link an Autodesk account or other third-party identity. Your use of any third-party service is governed by that third party's terms, and we are not responsible for it. Linking may fail, conflict with another BIM Pro AI account, or be revoked by the third party, in which case Services may become unavailable to you.

4.5 Entitlements and Availability of Features

Feature availability depends on your plan, subscription status, entitlement state, device status, software version, and feature flags. We may add, change, restrict, deprecate, or remove any feature at any time. We do not guarantee that any specific feature, integration, code coverage, jurisdiction, or Revit version will be available, will continue to be available, or will work with any particular version of Autodesk Revit or any other third-party software.

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5. Fees, Billing, and Renewal

5.1 Fees

You agree to pay all fees for your plan as presented at purchase. Fees are quoted and charged in U.S. dollars unless stated otherwise. Payment processing is handled by our third-party payment processor, and you agree to its terms.

5.2 Automatic Renewal, Consent, and Cancellation

NOTICE OF AUTOMATIC RENEWAL: YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT PERIOD, WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT FEE FOR EACH SUCCESSIVE RENEWAL PERIOD, AND WILL CONTINUE TO DO SO UNTIL YOU CANCEL.

(a) Renewal terms. At the point of purchase we disclose, clearly and conspicuously, the recurring charge amount, the billing frequency and renewal period, the date of the first charge, and the fact that charges continue until cancelled. By completing purchase you give your express informed consent to those recurring charges.

(b) Cancellation. You may cancel at any time, and cancelling is at least as easy as subscribing. You may cancel yourself through the account portal in the same medium in which you subscribed, without speaking to anyone, without a retention call, and without completing any additional step not required to subscribe. You may also cancel by emailing support@bimproai.com. We will not impose any obstacle, delay, or additional requirement on cancellation. Cancellation stops future renewals; unless we state otherwise at the time, access continues through the end of the period already paid for.

(c) Renewal reminders and change notices. Where applicable law requires a pre-renewal reminder, we will send one before the renewal date identifying the renewal date, the amount to be charged, and how to cancel. Your current renewal date is always shown in the account portal. We will obtain your affirmative consent before charging any increased price, or will give you notice and an opportunity to cancel before the increase takes effect, as applicable law requires.

(d) Trial-to-paid conversion. If you begin on a free or discounted trial that converts to a paid subscription, we will disclose the conversion date and the amount before you enroll, and will provide notice before the first paid charge where required by applicable law.

(e) Governing consumer-protection law. These practices are intended to comply with the Restore Online Shoppers' Confidence Act (15 U.S.C. §§ 8401–8405), Section 5 of the FTC Act, and applicable state automatic-renewal statutes. If any provision of this Agreement conflicts with a mandatory automatic-renewal or cancellation requirement of applicable law, that legal requirement controls, and the remainder of this Agreement remains in effect. If you believe you were charged in error, contact support@bimproai.com before initiating a chargeback and we will review the charge in good faith.

5.3 No Refunds

Except where required by applicable law, all fees are non-refundable and are earned upon payment. No refunds or credits are provided for partial periods, unused seats, unused capacity, downtime, feature changes, dissatisfaction with Outputs, or termination.

5.4 Taxes

Fees are exclusive of all taxes. You are responsible for all sales, use, VAT, GST, withholding, and similar taxes, excluding taxes on our net income.

5.5 Price Changes

We may change prices effective at the start of your next renewal period, with notice before that renewal.

5.6 Non-Payment

If payment fails or is past due, we may suspend or terminate access without liability, and you remain responsible for all amounts owed plus, to the extent permitted by law, interest at the lesser of 1.5% per month or the maximum lawful rate, and all reasonable costs of collection including attorneys' fees.

5.7 Trials, Betas, and Free Access

Trials, free tiers, previews, early access, and beta features are provided "AS IS," with no warranty, no support, and no service commitment of any kind, may be modified or discontinued at any time, and may be less reliable than generally available Services. We may terminate free or trial access at any time for any reason without notice or liability. Sections 9 through 12 and 16 apply with full force to free and trial use, and our aggregate liability arising from free or trial use is US$0.

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6. Customer Data, Uploaded Documents, and Licensing Rights

6.1 Ownership

As between you and BIM Pro AI, you retain all right, title, and interest in and to Customer Data. We claim no ownership of your models, documents, or projects.

6.2 License to Us

You grant BIM Pro AI a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, reformat, and create derivative works of Customer Data solely to the extent necessary to provide, secure, maintain, and support the Services for you, and to comply with law. This license terminates when the relevant data is deleted, except for data retained as required by law or in routine backups pending deletion.

6.3 Your Warranties Regarding Uploaded Documents — Critical

You represent, warrant, and covenant, on a continuing basis, that:

1. You own, or have obtained all licenses, permissions, consents, and rights necessary to submit and use, every Uploaded Document and all other Customer Data with the Services, including for any privately authored standard, code text, specification, technical publication, or other copyrighted third-party material;
2. Your submission and our processing of Customer Data as contemplated by this Agreement does not and will not breach any license agreement, subscription agreement, terms of use, confidentiality obligation, nondisclosure agreement, or other contract to which you are subject, including any license from any standards development organization or publisher;
3. Your submission and our processing does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent, privacy, publicity, or other right of any person;
4. You will not submit any Uploaded Document you are not licensed or authorized to use;
5. You will not submit personal data beyond what is reasonably necessary, and will not submit special categories of personal data, protected health information, payment card data, government-issued identifiers, or classified, export-controlled, or otherwise restricted information; and
6. You have provided all notices and obtained all consents required for any personal data contained in Customer Data.

BIM Pro AI does not verify, and has no obligation or ability to verify, whether you hold the rights or licenses necessary for any Uploaded Document. The Services are standard-agnostic: you determine which code or standard governs your project, and you supply that document. We do not direct you to any particular publisher's content, do not provide, resell, or grant access to any privately authored standard, and do not act as a source of code text.

Your compliance with any third-party license is entirely your responsibility. Any breach of such a license by you is your breach, not ours, and you will indemnify us for it under Section 12.

6.4 In-Session Processing

We design the Services so that Model Data and Uploaded Documents submitted for compliance processing are processed in-session to generate results for that session and are not written to persistent storage for retention after the session ends. This is a description of our design intent and current architecture, not a warranty or guarantee. Transient caches, logs, error diagnostics, security telemetry, backups, and third-party processing may exist as described in the Privacy Policy. Enterprise agreements may specify different handling.

If you enable Support Session Sharing as described in the Privacy Policy, Model Data and related diagnostic artifacts in that share may be retained for the stated support window solely to diagnose your issue, then deleted or made inaccessible under that Policy.

6.5 No Training on Your Content

We do not use your Model Data or Uploaded Documents to train, fine-tune, or otherwise improve any artificial intelligence or machine learning model operated by BIM Pro AI. No AI provider currently processes that content. Where we engage an AI subprocessor in the future, we will contract on terms intended to prevent training on your content — but we cannot and do not guarantee any third party's compliance with its own contractual commitments.

6.6 Aggregated and De-Identified Data

We may collect, generate, and use aggregated, anonymized, and de-identified data and metadata derived from operation of the Services (including usage patterns, performance metrics, error rates, and statistical measures) that does not identify you, any Authorized User, or any project, for any lawful business purpose, including improving, securing, and marketing the Services. We own such data.

6.7 Backup Responsibility

You are solely responsible for maintaining independent backups of all Customer Data and Outputs. We are not a system of record, an archive, or a backup service, and we have no liability for loss, corruption, or unavailability of Customer Data or Outputs.

6.8 Feedback

If you provide suggestions, ideas, feature requests, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use and exploit it for any purpose without restriction, attribution, or compensation.

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7. Intellectual Property

7.1 Our Property

The Services, including all software, source code, algorithms, calculation logic, models, user interfaces, designs, text, graphics, documentation, report templates, output formats, structures, workflows, trademarks, and all improvements and derivative works, are and remain the exclusive property of BIM Pro AI and its licensors, protected by copyright, trademark, trade secret, patent, and other laws. No rights are granted except as expressly stated in this Agreement, and all rights not expressly granted are reserved.

7.2 License Grant to You

Subject to your continuous compliance with this Agreement and payment of all fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during your Subscription Term to access and use the Services and to install the Software on devices you control, solely for your internal business purposes.

7.3 Outputs

Subject to your payment of applicable fees and compliance with this Agreement, you may use Outputs for your internal business and project purposes. You are solely responsible for reviewing, correcting, and validating any Output before any use, and for the consequences of any use. We make no representation that Outputs are original, non-infringing, accurate, or suitable for any purpose, and identical or similar Outputs may be generated for other customers.

7.4 Restrictions

You will not, and will not permit any person to:

1. copy, modify, translate, adapt, or create derivative works of the Services;
2. reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, calculation logic, or underlying structure, except to the minimum extent applicable law prohibits this restriction;
3. rent, lease, lend, sell, resell, sublicense, distribute, host, outsource, or provide the Services as a service bureau or on a time-sharing basis to any third party;
4. circumvent, disable, or interfere with licensing, entitlement, seat, authentication, rate-limiting, or security features;
5. access the Services to build, train, benchmark, or assist in building a competing or substantially similar product or service, or for competitive analysis;
6. scrape, crawl, harvest, or use automated means to extract data or content from the Services except through documented APIs within documented limits;
7. use the Services to develop, train, or improve any machine learning or AI model;
8. remove, alter, or obscure any proprietary notice, watermark, disclaimer, or attribution on any part of the Services or any Output;
9. remove, alter, obscure, or contradict any disclaimer, limitation, caveat, or "for professional review" notice included in or accompanying any Output, or present any Output as authoritative, certified, official, or as a compliance determination;
10. upload malware, attempt to gain unauthorized access, conduct penetration testing without written authorization, or interfere with or impair the Services or their infrastructure;
11. use the Services in violation of any law, regulation, code of professional conduct, licensing requirement, or third-party right; or
12. exceed usage limits, share seats, or use the Services in a manner that imposes an unreasonable load on our systems.

7.5 Suspension for Violations

We may immediately suspend or terminate access, without notice and without liability, if we reasonably believe you have violated this Section 7 or Section 8, or that suspension is necessary to protect the Services, other customers, or any third party.

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8. Acceptable Use

You will not use the Services to:

1. violate any applicable law, regulation, code, ordinance, or professional licensing requirement;
2. misrepresent any Output as an official determination, certification, approval, or government-issued document;
3. hold yourself out as a licensed professional if you are not, or practice a licensed profession without a license;
4. deceive, defraud, or mislead any AHJ, client, owner, lender, insurer, purchaser, or other person;
5. infringe or misappropriate any intellectual property or other right;
6. transmit content that is unlawful, defamatory, harassing, or that violates privacy rights;
7. interfere with or disrupt the Services or any other user's use; or
8. facilitate or encourage any of the foregoing.

Your professional licensing obligations are yours alone. Using the Services does not satisfy, replace, or reduce any obligation you owe under any licensing statute, board rule, professional standard of care, contract, or code of ethics — including obligations regarding responsible charge, direct supervisory control, and independent professional judgment. You are solely responsible for determining whether, and how, use of the Services is permitted under the rules governing your license.

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9. DISCLAIMER OF WARRANTIES

9.1 THE SERVICES, THE SOFTWARE, THE PLATFORM, ALL OUTPUTS, ALL COMPLIANCE OUTPUTS, ALL DOCUMENTATION, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIM PRO AI AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

9.3 WITHOUT LIMITING THE FOREGOING, BIM PRO AI SPECIFICALLY DOES NOT WARRANT, REPRESENT, GUARANTEE, OR PROMISE THAT:

• ANY COMPLIANCE OUTPUT IS ACCURATE, CORRECT, RELIABLE, COMPLETE, CURRENT, CONSISTENT, REPRODUCIBLE, OR FREE FROM ERROR;
• ANY COMPLIANCE OUTPUT CORRECTLY REFLECTS ANY CODE, STANDARD, EDITION, AMENDMENT, LOCAL MODIFICATION, COMPLIANCE PATH, OR AHJ INTERPRETATION APPLICABLE TO ANY PROJECT;
• A "PASS" INDICATES ACTUAL COMPLIANCE, OR THAT A "FAIL" INDICATES ACTUAL NON-COMPLIANCE;
• ANY OUTPUT WILL BE ACCEPTED BY ANY AHJ, PLAN REVIEWER, INSPECTOR, CLIENT, OWNER, LENDER, INSURER, OR OTHER PERSON, OR WILL RESULT IN ANY PERMIT, APPROVAL, CERTIFICATION, RATING, INCENTIVE, OR REBATE;
• ANY CITATION, SECTION REFERENCE, QUOTATION, OR EXPLANATION GENERATED BY THE SERVICES EXISTS, IS CORRECTLY ATTRIBUTED, OR IS CORRECTLY STATED;
• USE OF THE SERVICES WILL REDUCE COST, SAVE TIME, AVOID REWORK, AVOID DELAY, PREVENT ERRORS, OR PRODUCE ANY PARTICULAR COMMERCIAL, FINANCIAL, DESIGN, OR PROJECT OUTCOME;
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
• THE SERVICES ARE COMPATIBLE WITH, OR WILL REMAIN COMPATIBLE WITH, ANY VERSION OF AUTODESK REVIT OR ANY OTHER THIRD-PARTY SOFTWARE; OR
• CUSTOMER DATA WILL NOT BE LOST, ALTERED, OR CORRUPTED.

9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIM PRO AI OR THROUGH THE SERVICES — INCLUDING FROM ANY EMPLOYEE, CONTRACTOR, SALES REPRESENTATIVE, SUPPORT AGENT, DEMONSTRATION, WEBINAR, MARKETING MATERIAL, HELP ARTICLE, OR CASE STUDY — CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY DESCRIPTION OF FUNCTIONALITY IS FOR IDENTIFICATION ONLY AND DOES NOT CONSTITUTE A WARRANTY.

9.5 SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED, ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED IS LIMITED IN DURATION TO THIRTY (30) DAYS FROM FIRST USE, AND ALL OTHER PROVISIONS REMAIN IN FULL FORCE.

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10. ASSUMPTION OF RISK AND ALLOCATION OF RISK

10.1 Assumption of Risk. You knowingly, voluntarily, and expressly assume all risk arising from your use of the Services and from any Output, including all risk of error, false pass, false failure, cost increase, cost overrun, under-bidding, over-design, rejection, delay, rework, penalty, and professional liability.

10.2 Sole Remedy. Your sole and exclusive remedy for any dissatisfaction with, defect in, error in, or failure of the Services or any Output is to stop using the Services and terminate your account. No refund is owed except as expressly stated in Section 5.

10.3 Bargained-For Allocation. You acknowledge that:

• the disclaimers, exclusions, limitations, indemnities, and remedies in this Agreement are an essential, material, and bargained-for basis of the bargain between you and BIM Pro AI;
• the fees charged for the Services are set in direct and express reliance on these provisions and are far lower than they would be absent them;
• BIM Pro AI would not make the Services available on any terms without them;
• you are in the best position to evaluate the accuracy and suitability of any Output for your project, to bear and insure against project risk, and to control your own professional processes; and
• this allocation of risk is reasonable and reflects the parties' informed commercial judgment, and will apply even if any limited remedy is found to fail of its essential purpose.

10.4 Insurance. You are solely responsible for obtaining and maintaining professional liability (errors and omissions), general liability, cyber, and other insurance appropriate to your business and projects, in amounts sufficient to cover the risks you assume under this Agreement. You will not rely on any insurance held by BIM Pro AI. To the maximum extent permitted by law, you and your insurers waive all rights of subrogation against BIM Pro AI, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers.

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11. LIMITATION OF LIABILITY

11.1 Exclusion of Indirect and Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIM PRO AI OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "BIM PRO PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY:

• LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS, LOST OPPORTUNITY, OR LOSS OF GOODWILL OR REPUTATION;
• INCREASED, EXCESS, OR UNRECOVERED PROJECT COSTS, CONSTRUCTION COSTS, MATERIAL COSTS, EQUIPMENT COSTS, LABOR COSTS, OR SOFT COSTS;
• COST OVERRUNS, BUDGET OVERRUNS, CHANGE ORDERS, CLAIMS, BACKCHARGES, OR UNRECOVERED SCOPE;
• LOSSES ARISING FROM AN INACCURATE, UNDERSTATED, OR OVERSTATED ESTIMATE, BID, QUOTATION, PROPOSAL, GUARANTEED MAXIMUM PRICE, OR FIXED-PRICE CONTRACT;
• OVER-DESIGN, OVER-SPECIFICATION, UNNECESSARY SCOPE, UNNECESSARY MATERIALS, OR AMOUNTS ALLEGED TO HAVE BEEN OVERSPENT ON A BUILDING OR SYSTEM;
• REDESIGN, REWORK, RETROFIT, REMEDIATION, DEMOLITION, RECONSTRUCTION, OR CORRECTIVE WORK;
• DELAY, ACCELERATION, EXTENDED OVERHEAD, IDLE LABOR, LIQUIDATED DAMAGES, OR SCHEDULE IMPACT;
• PLAN REVIEW REJECTION, PERMIT DENIAL OR REVOCATION, FAILED INSPECTION, STOP-WORK ORDERS, CERTIFICATE-OF-OCCUPANCY DELAY, FINES, PENALTIES, OR SANCTIONS;
• LOSS OR DENIAL OF ANY CERTIFICATION, RATING, INCENTIVE, REBATE, TAX CREDIT, OR FINANCING;
• PROFESSIONAL DISCIPLINE, LICENSE SUSPENSION OR REVOCATION, OR BOARD PROCEEDINGS;
• THIRD-PARTY CLAIMS OF ANY KIND, INCLUDING CLAIMS BY CLIENTS, OWNERS, CONTRACTORS, SUBCONTRACTORS, LENDERS, INSURERS, OR PURCHASERS;
• LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA, MODELS, DOCUMENTS, OR OUTPUTS; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR PROFESSIONAL SERVICES;

IN EACH CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ANY OUTPUT, ANY COMPLIANCE OUTPUT, ANY ERROR OR OMISSION, ANY UNAVAILABILITY, OR ANY RELIANCE ON ANY OF THEM — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, MISREPRESENTATION, STATUTE, OR OTHERWISE), AND EVEN IF ANY BIM PRO PARTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, CUMULATIVE, AGGREGATE LIABILITY OF THE BIM PRO PARTIES FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OUTPUT — WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER ARISING FROM ONE CLAIM OR MANY — WILL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES YOU ACTUALLY PAID TO BIM PRO AI FOR THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

IF YOU HAVE PAID NO FEES IN THAT PERIOD — INCLUDING ALL USE OF FREE, TRIAL, EVALUATION, PREVIEW, OR BETA SERVICES — THE AGGREGATE LIABILITY OF THE BIM PRO PARTIES IS ZERO UNITED STATES DOLLARS (US$0).

11.3 Multiple Claims. The existence of more than one claim, or of multiple Authorized Users, projects, or Outputs, does not enlarge the cap in Section 11.2, which is a single aggregate cap across all claims and all claimants under this Agreement.

11.4 Application to All Parties and Theories. The limitations in this Section 11 apply to all BIM Pro Parties, to all claims of every kind, and regardless of the number of incidents. You agree not to bring any claim arising out of or relating to the Services against any individual officer, director, member, employee, contractor, or agent of BIM Pro AI, and any such claim is limited by and subject to this Section 11.

11.5 Statutory Limits. Some jurisdictions do not allow the exclusion or limitation of certain damages. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence, where applicable law so provides. In such jurisdictions, liability is limited to the maximum extent permitted by law, and all other provisions remain in full force.

11.6 Time Bar. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE FILED (IN ARBITRATION OR COURT, AS APPLICABLE) WITHIN ONE (1) YEAR AFTER THE CLAIM FIRST ACCRUES, OR IT IS PERMANENTLY BARRED. You waive any longer statute of limitations to the maximum extent permitted by law. This Section does not apply where prohibited by applicable law.

11.7 Georgia Savings Clause (O.C.G.A. § 13-8-2). The parties acknowledge that BIM Pro AI does not provide engineering, architectural, or land surveying services, and that this Agreement is a license of general-purpose commercial software and is not a contract relative to the construction, alteration, repair, or maintenance of a building structure. However, if a court or arbitrator determines that O.C.G.A. § 13-8-2 (or any comparable anti-indemnity or public-policy statute of any jurisdiction) applies to this Agreement, then this Section 11 and Section 12 will be automatically construed, reformed, and limited to the narrowest extent necessary to be valid and enforceable under that statute — and only as to the specific claim to which the statute applies — rather than being held void in whole or in part.

Specifically, and only to the extent such a statute would otherwise apply: (a) the limitations in this Section 11 will not be construed to relieve BIM Pro AI of liability for damages arising from bodily injury to persons, death, or damage to tangible property caused by the sole negligence of BIM Pro AI; (b) the limitations will continue to apply in full to all claims for purely economic loss (including all claims described in Section 11.1, none of which arise from bodily injury, death, or physical property damage); and (c) your indemnity obligations under Section 12 will be limited to damages, losses, and expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of you or persons employed or utilized by you, and will not extend to the sole negligence of BIM Pro AI. The parties intend that every remaining portion of Sections 11 and 12 survive and be enforced to the maximum extent permitted.

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12. INDEMNIFICATION

12.1 Your Indemnity. You will defend, indemnify, and hold harmless the BIM Pro Parties from and against any and all third-party claims, demands, suits, actions, proceedings, investigations, subpoenas, liabilities, damages, judgments, awards, settlements, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees, expert fees, and costs of investigation and defense) arising out of or relating to:

1. your use of, or reliance on, the Services or any Output — including any Compliance Output that was inaccurate, incomplete, a false pass, or a false failure;
2. any project outcome, cost, estimate, bid, quotation, contract, submittal, permit application, inspection, certification, seal, or design decision that involved the Services in any way;
3. any claim by any client, owner, contractor, subcontractor, lender, insurer, purchaser, tenant, AHJ, or other third party relating to a project on which the Services were used, including claims of cost overrun, over-design, overspending, under-quoting, under-bidding, delay, rework, non-compliance, or professional negligence;
4. any Customer Data or Uploaded Document, including any claim that it infringes or misappropriates any intellectual property right, breaches any license or confidentiality obligation, or violates any privacy or data protection law;
5. your breach or alleged breach of this Agreement, including Sections 3.3, 6.3, 7.4, and 8;
6. your violation of any law, regulation, code, professional licensing requirement, standard of care, or third-party right;
7. your negligence, gross negligence, willful misconduct, or fraud; or
8. any act or omission of your Authorized Users or personnel.

12.2 Procedure. We will notify you of any claim for which we seek indemnification (a delay in notice reduces your obligations only to the extent you are materially prejudiced). We may, at our option and at your expense, assume or participate in the defense and control of any claim with counsel of our choosing. You may not settle any claim in a manner that imposes any obligation, admission, or restriction on any BIM Pro Party without our prior written consent.

12.3 Limitation. This Section 12 does not require you to indemnify any BIM Pro Party against liability for damages arising from bodily injury, death, or physical damage to tangible property caused by the sole negligence of that BIM Pro Party, and is subject to the savings clause in Section 11.7. Except as so limited, this Section applies in full.

12.4 Survival. This Section 12 survives termination and applies regardless of any limitation of liability in Section 11 (which limits our liability to you, not your indemnity obligations to us).

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13. Third-Party Services and Materials

The Services interoperate with and depend on third parties, including Autodesk (Revit and Autodesk Platform Services), payment processors, cloud hosting providers, email providers, and analytics providers. We do not control and are not responsible for any third-party service, its availability, accuracy, security, terms, pricing, changes, deprecations, or acts or omissions. Your use of any third-party service is governed by that third party's terms, and any dispute is between you and that third party. Third-party links and references are provided for convenience and do not constitute endorsement.

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14. Confidentiality

Each party may receive non-public information of the other. The receiving party will protect it with at least reasonable care, use it only to perform under this Agreement, and disclose it only to personnel and subprocessors bound by comparable obligations. Confidentiality obligations do not apply to information that is or becomes public without breach, was rightfully known without restriction, is independently developed, or is rightfully received from a third party. Disclosure compelled by law is permitted with, where lawful, reasonable prior notice. Nothing in this Section obligates BIM Pro AI to retain Customer Data or restricts our use of aggregated and de-identified data under Section 6.6.

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15. Copyright Complaints

We respect intellectual property rights. BIM Pro AI does not host, publish, distribute, or make available any user-supplied document to any other user or to the public. Uploaded Documents are processed in-session for the submitting user only, as described in Section 6.4.

If you believe material processed through the Services infringes your copyright, send a written notice to support@bimproai.com with the subject line "Copyright Complaint," including: (1) identification of the copyrighted work; (2) identification of the material at issue and information reasonably sufficient for us to locate it; (3) your contact information; (4) a statement of your good-faith belief that the use is not authorized; and (5) a statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner.

We will review complete notices and may remove or disable access to material, suspend processing, and terminate the accounts of repeat infringers. Nothing in this Section waives any right, defense, or limitation available to BIM Pro AI, and our response to any notice is not an admission of infringement or liability.

Materially misrepresenting that material is infringing may expose you to liability for damages. If you are unsure whether material infringes your copyright, consult an attorney.

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16. Dispute Resolution — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal Resolution First. Before initiating any arbitration or proceeding, the initiating party must send a written Notice of Dispute to the other party (support@bimproai.com for BIM Pro AI) describing the dispute, the facts, and the relief sought. The parties will negotiate in good faith for at least sixty (60) days. This is a condition precedent to commencing arbitration, and the applicable limitations period is tolled during it.

16.2 Binding Individual Arbitration. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, any Output, or the relationship between the parties — including the validity, enforceability, scope, or arbitrability of this Section — will be resolved exclusively by final and binding individual arbitration, and not in court, except as stated in Sections 16.5 and 16.6.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, where applicable, its Supplementary Procedures), before one (1) arbitrator. The seat and, if in-person proceedings are held, the location will be Cobb County, Georgia, unless the parties agree otherwise; hearings may be conducted by videoconference. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator's award is final and binding, and judgment may be entered in any court of competent jurisdiction.

16.3 Limits on the Arbitrator's Authority. The arbitrator may award only individual relief to the individual party seeking relief, and may not award relief to, or on behalf of, any person who is not a party. The arbitrator must apply this Agreement, including Sections 9, 10, 11, and 12, and may not award damages excluded by, or in excess of the caps in, Section 11. The arbitrator may not award punitive or exemplary damages except where such a waiver is unenforceable.

16.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND BIM PRO AI EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. Claims of two or more persons may not be joined or consolidated without the written consent of all parties. If this Section 16.4 is found unenforceable as to any claim or any request for relief, then that claim or request for relief (and only that one) will be severed and heard in the courts identified in Section 17.2, and the remainder will proceed in arbitration.

16.5 Exceptions. Either party may (a) bring an individual action in small claims court for a dispute within that court's jurisdiction, and (b) seek temporary, preliminary, or permanent injunctive or equitable relief, and relief for actual or threatened infringement or misappropriation of intellectual property or breach of confidentiality, in any court of competent jurisdiction, without posting bond and without waiving any right to arbitrate other claims.

16.6 Your Right to Opt Out. You may opt out of this Section 16 by sending written notice to support@bimproai.com with the subject line "Arbitration Opt-Out," including your name, account email, and a clear statement that you opt out, within thirty (30) days after you first accept this Agreement. Opting out will not affect any other part of this Agreement, and we will not retaliate. If you opt out, Section 17.2 governs.

16.7 Severability and Survival. If any part of this Section 16 is found unenforceable, that part is severed and the remainder continues in effect (subject to Section 16.4). This Section survives termination of this Agreement and of your account.

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17. Governing Law and Venue

17.1 Governing Law. This Agreement and any dispute arising out of or relating to it or the Services are governed by the laws of the State of Georgia, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

17.2 Venue. Subject to Section 16, you and BIM Pro AI irrevocably consent to the exclusive jurisdiction and venue of the state courts of Cobb County, Georgia and the United States District Court for the Northern District of Georgia (Atlanta Division) for any dispute not subject to arbitration, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

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18. Term, Suspension, and Termination

18.1 Term. This Agreement applies from your first use of the Services and continues until terminated.

18.2 Termination by You. You may terminate at any time by cancelling your subscription and ceasing all use. No refund is owed.

18.3 Termination or Suspension by Us. We may suspend or terminate your access, in whole or in part, at any time, with or without cause, and with or without notice, including if you breach this Agreement, fail to pay, create legal or security risk, or if we discontinue the Services. We are not liable to you or any third party for any suspension, termination, or discontinuation.

18.4 Effect of Termination. Upon termination, your license ends immediately and you must cease all use and destroy all copies of the Software. Customer Data may be deleted immediately and permanently, and we have no obligation to retain, return, or export it. You remain responsible for all fees accrued through termination.

18.5 Survival. Sections 1.3, 2, 3, 5.3, 5.4, 5.6, 6.1, 6.3, 6.6, 6.7, 6.8, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.4, 18.5, and 19, and any other provision that by its nature should survive, survive termination.

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19. General Provisions

19.1 Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, government action, internet or utility failure, cyberattack, or failure of any third-party service or supplier.

19.2 No Service Level Commitment. Unless a written service level agreement is separately executed, we make no uptime, availability, response time, or support commitment, and may perform maintenance or make changes at any time.

19.3 Entire Agreement. This Agreement, together with the Privacy Policy and any applicable order form or enterprise agreement, is the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous agreements, proposals, representations, and understandings, whether written or oral. Any pre-printed terms on any purchase order, vendor form, or similar document you issue are void and of no effect, even if signed or acknowledged by us.

19.4 Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent — or, if modification is not possible, severed — and the remaining provisions remain in full force. In particular, if any disclaimer or limitation is held unenforceable in whole or part, it remains enforceable to the maximum extent permitted by law.

19.5 No Waiver. No failure or delay in exercising a right is a waiver. A waiver is effective only if in writing and signed by the waiving party, and applies only to the specific instance.

19.6 Assignment. You may not assign or transfer this Agreement or any rights under it, by operation of law or otherwise, without our prior written consent; any attempted assignment without consent is void. We may freely assign this Agreement, including in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement binds and benefits the parties' permitted successors and assigns.

19.7 No Third-Party Beneficiaries. Except for the BIM Pro Parties (who are intended third-party beneficiaries of Sections 9, 10, 11, and 12), this Agreement creates no third-party beneficiary rights. No client, owner, contractor, lender, insurer, or other project participant has any right, claim, or cause of action against BIM Pro AI under or by reason of this Agreement or your use of the Services.

19.8 Relationship of the Parties. The parties are independent contractors. This Agreement creates no partnership, joint venture, agency, franchise, fiduciary, or employment relationship.

19.9 Notices. We may give notice by email to your account address, by posting in the Services, or by posting on the Sites; such notice is deemed received when sent or posted. Legal notices to us must be sent to support@bimproai.com and, if a mailing address is required, to 2451 Cumberland Parkway SE, Suite 3704, Atlanta, GA 30339.

19.10 Export Control and Sanctions. You will comply with all applicable export control, import, and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a comprehensively sanctioned jurisdiction, and are not on any restricted-party list.

19.11 U.S. Government Users. The Software is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Government users acquire only the rights stated in this Agreement.

19.12 Electronic Contracting. You consent to transact electronically and agree that electronic acceptance, records, and signatures have the same legal effect as handwritten ones.

19.13 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This Agreement will not be construed against the drafter.

19.14 Language. The English-language version of this Agreement controls over any translation.

19.15 Geographic Scope. The Services are offered from the United States and are intended for use in the United States. We make no representation that the Services, or any Output, are appropriate, lawful, or available for use in any other jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local law. We reserve the right to limit the availability of the Services in any jurisdiction.

19.16 AI Transparency. The Services do not currently include artificial intelligence features. If and when they do, content generated by AI will be identified as AI-generated at the point it is presented, consistent with Section 3.2(g) and the Privacy Policy.

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20. Contact

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BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT — PARTICULARLY SECTION 3 (THE SERVICES ARE NOT A SOURCE OF TRUTH), SECTION 9 (DISCLAIMER OF WARRANTIES), SECTION 10 (ASSUMPTION OF RISK), SECTION 11 (LIMITATION OF LIABILITY), SECTION 12 (INDEMNIFICATION), AND SECTION 16 (BINDING ARBITRATION AND CLASS ACTION WAIVER) — AND AGREE TO BE BOUND BY IT.

BIM Pro AI outputs support professional review workflows and are not a substitute for licensed professional judgment or official code compliance determination.