As of April 19, 2022
IMPORTANT—READ CAREFULLY PRIOR TO PURCHASING BLUEBEAM’S SERVICES AND/OR SOFTWARE.
THESE GENERAL TERMS AND CONDITIONS OF USE (“GENERAL TERMS”), ALL APPLICABLE ADDITIONAL TERMS, AND THE ORDER REGARDLESS OF FORM (COLLECTIVELY, “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUEBEAM, INC. ("BLUEBEAM" OR “WE” OR “OUR”). THE “ORDER” IS ANY METHOD THROUGH WHICH YOU ORDER SERVICES AND SOFTWARE FROM BLUEBEAM AND INCLUDES, BUT IS NOT LIMITED TO A QUOTE, ORDER FORM, PROPOSAL, STATEMENT OF WORK, ONLINE TRANSACTION, OR VERBAL ORDER PLACED TELEPHONICALLY. YOU ALSO INCLUDES VARIATIONS OF THE TERM SUCH AS YOUR AND YOURS. BY ACCEPTING THESE TERMS, WHETHER BY CHECKING A BOX ONLINE, EXECUTING AN ORDER, OR USING THE SERVICES OR SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND ON BEHALF OF YOURSELF OR THE COMPANY OR OTHER LEGAL ENTITY (“ENTITY”), WHICHEVER IS APPLICABLE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY. IN THIS CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS DO NOT PURCHASE, DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE OR SERVICES.
The General Terms govern Your acquisition and use of Bluebeam’s websites, support services, training services, and consulting services (the “Services”) and any Bluebeam software applications purchased by You, whether provided as part of the Services or that we make available for download or access via the internet as software as a service (the “Software”), and any other content or other materials that Bluebeam makes available to You or that You may license from Bluebeam. If You have entered into another negotiated agreement with Bluebeam integrated into an Order for Services or Software that references these Terms, then the terms of that negotiated agreement will control where it conflicts with these Terms.
Bluebeam’s Services and Software are subject to one or more of the additional terms below (“Additional Terms”), each found at https://www.bluebeam.com/legal/ based on the Services and/or Software purchased. If there is a conflict between the Order and the General Terms or the Additional Terms, the Order shall govern. If there is a conflict between the General Terms and the Additional Terms, the Additional Terms govern in regard to that particular Services and/or Software only. If there is conflict between the Terms and the agreements published within the Software, these Terms govern and supersede the agreement in the Software in its entirety. All capitalized terms not otherwise defined herein shall have the meaning given in the below Additional Terms.
1. Intellectual Property Notice and Reservation of Rights
You acknowledge and agree that the Services and Software provide a right of use, right of access or are licensed, not sold. For clarity, all references in the terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a right of use, right of access, or a license to the Services and/or Software as further described in Bluebeam Products and Services Addendum or other applicable document. Nothing in these Terms, nor Your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, trade secret rights, moral right, patent (whether pending or issued) or trade secret right in or to the Services or Software (collectively the “Intellectual Property Rights”).
2. The Basics
3. Does Bluebeam Offer Trials and Beta Test of its Services and Software
Yes, Bluebeam does offer trials for some of Services and Software and may also offer You an opportunity to participate in beta tests for new products or releases in the future. Such trials and beta tests will be described in the relevant offer and are subject to these General Terms and as further detailed in the Bluebeam Products and Services Addendum.
4. Privacy, Non-personal data, and Security
To provide the Services and Software, Bluebeam collects, transmits, stores, and uses Personal Data and Non-personal Information to deliver, improve, and administer the Services and Software. Personal Data means any information relating to an identified or identifiable natural person and includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. It does not include categories of sensitive personal information. Non-personal information excludes Personal Data but includes information and data that by itself does not identify You or another individual and can be generated by use of the Services and Software, use of Our website, or other online activity. Together, Personal Data and Non-personal Information comprise “Your Data”. Since Bluebeam Services and Software are not designed for sensitive personal data such as social security numbers, Personal Data of minors, or credit cards, You agree not to upload such data to Bluebeam’s systems.
Your Data is used to provide transactional information to You, information about updates and upgrades to the Services or Software, respond to inquiries and collect feedback, verifying compliance with the Terms including license validation via the internet, analyze bugs, error reports or logs, and/or to improve, understand, or monitor the Software by itself or through its selected vendors. You expressly provide Bluebeam a license to Your Data for these purposes.
Bluebeam shall establish and maintain administrative, physical and technical safeguards designed to guard against the destruction, loss, or alteration of Your Data and Your Content to the extent it is stored within Bluebeam systems. Without limiting the foregoing, Bluebeam shall at all times in connection with this Agreement: (i) maintain and enforce an information security program including administrative, physical and technical security policies and procedures with respect to its processing of Your Data and Your Content consistent with commercially reasonable industry practices and standards and the Terms; (ii) provide technical and organizational safeguards designed to protect against accidental, unlawful or unauthorized access to or use, destruction, loss, alteration, disclosure, transfer, commingling or processing of such information and ensure a level of security appropriate to the risks presented by the processing of such information and the nature of such information, consistent with commercially reasonable industry practice and standards; (iii) take commercially reasonable measures to secure the Software against "hackers" and others who may seek, without authorization, to disrupt, damage, modify, access or otherwise use the Software or the information found therein; (iv) take commercially reasonable measures to logically separate Your Data from that of other customers. Bluebeam shall periodically test and continuously monitor its systems for potential areas where security could be breached and shall also periodically conduct security testing, including penetration testing. Bluebeam shall be solely responsible for its information technology infrastructure, including all computers, software, databases, electronic systems and networks that are owned or controlled by Bluebeam that may be used by Bluebeam in connection with the Services and Software. You agree not to tamper, compromise, or attempt to circumvent any administrative, physical, or technical safeguards implemented by Bluebeam for purposes of penetration testing, system assessment or otherwise attempt to probe, scan, or test the vulnerability of any Bluebeam system or network or breach any security or authentication measures.
Bluebeam will, and will require any third-party Service provider to, implement and maintain commercially reasonable and appropriate technical, administrative, and physical safeguards for protection of the security, confidentiality and integrity of Your Data. The safeguards will include, but not be limited to, measures designed to prevent unauthorized access to or disclosure of Your Data. Bluebeam shall neither sell Your data or use it for any purpose other than as described herein.
Use of third-party software or applications or the integration of such software or applications with the Services and Software (“Third-Party Applications”) may result in Your Data or Your Content being transferred to a third party. Bluebeam is not responsible for the performance of Third-Party Applications and, as such, You agree to hold Bluebeam harmless for any data or materials including Your Content or Your Data transferred to third parties in connection with Your use of Third-Party Applications. ANY USE OF THIRD-PARTY APPLICATIONS IS AT YOUR OWN RISK. BLUEBEAM PROVIDES NO WARRANTY OR INDEMNIFICATION OF ANY KIND RELATED TO SUCH USE.
5. Will These Terms Ever Change
The Terms may need to change due to enhancements, improvements, applicable law or regulatory changes to name a few. To ensure the Terms are up to date, Bluebeam reserves the right to modify the Terms at any time in its sole discretion. If We do, We will bring it to Your attention by providing a notice on Bluebeam’s Legal page which can accessed here, by sending You an email, by notice through the Services or Software itself, and/or by some other means. If You don’t agree with the changed Terms, You are free to reject them. Unfortunately, that means You will no longer be able to use the Services or Software. In the event you decide to reject Bluebeam’s new Terms, You must immediately (i) remove all of Your Content; (ii) cancel Your User ID; and (iii) discontinue all access and use of the Services and Software. Such termination is controlled by Section 18.104.22.168 in the Term and Termination section below. If You use the Services or Software after a change to the Terms is effective, that means You agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both You and Bluebeam.
6. Will Bluebeam Change its Services?
Bluebeam is always trying to improve its Services and Software, so they may change over time. These changes may introduce new features, impose limits on certain features, or restrict access to parts or all of the Services and Software. Bluebeam reserves the right to revise, modify, or update the Services and Software in its sole discretion. Bluebeam will try to give notice when we make a material change that would adversely affect You, but this isn’t always practical. Similarly, we reserve the right to remove features, functionality, or the Services or Software, at any time, for any reason including end of life policies. Finally, Bluebeam reserves the right to remove Your Content at any time, for any reason, without notice, in Bluebeam’s sole discretion which includes, but is not limited to, allegations that such content violates these Terms or a use violates the Acceptable Use Policy.
7. Is Bluebeam Software Available Via a Mobile App
8. What else do I need to know?
|Bluebeam Entity||Notice Address||Governing Law||Arbitral Body||Venue and Jurisdiction|
|Bluebeam, Inc.||One McKinney Plaza 3232 McKinney Ave., Ste. 900 Dallas, TX 75204 USA||California and controlling United States Federal Law.||American Arbitration Association Los Angeles, CA, USA||Los Angeles, CA, USA|
|Bluebeam GmbH||Konrad-Zuse-Platz 1 81829 Munich Germany||Germany||Deutsche Institution für Schiedsgerichtsbarkeit (DIS)||Munich, Germany|
|Bluebeam AB||Kistagången 12, 164 40 Kista Sweden||Sweden||Arbitration Institute of the Stockholm Chamber of Commerce||Stockholm, Sweden|
|Bluebeam Limited UK Ltd||20 Eastbourne Terrace, Ste. 5.07 London W2 6LG UK||England||London Court of International Arbitration||London, England|
|Bluebeam Australia Pty Ltd||310 Edward Street Brisbane QLD 4000 Australia||Australia||Australian Centre for International Commercial Arbitration||Brisbane, Australia|