Terms and Conditions of Use and Sale

These Terms and Conditions of Use and Sale explain the rules for accessing and using the SIMBIM website, web application, customer portals, forms, online content, proposal workflows, software licensing services, support channels, consulting services, training services and related digital services.

• Website operator: Simulación y Modelado de Información para la Edificación S.L.U.
• Trading name: SIMBIM
• Tax ID: ESB66148818
• Registered office: Av. Diagonal 640, P6 (SIMBIM), 08017, Barcelona, Spain
• Canonical website: https://www.simbim.eu
• General support contact: support@simbim.eu
• Privacy contact: gdpr@simbim.eu

During SIMBIM's domain and mailbox transition period from .es to .eu, the website may operate under simbim.eu while support and privacy communications continue to use monitored simbim.es parallel to simbim.eu email addresses. These contact addresses will remain valid until SIMBIM publishes updated contact details and a change notification.

These Terms and Conditions of Use and Sale apply to:

• access to and use of the SIMBIM website;
• use of SIMBIM's web application, forms, portals and online content;
• proposal requests, quotations and order workflows;
• software licence sales, renewals, subscriptions and activation processes;
• consulting, training, implementation and support services;
• continued acquisition of software licences or services under an existing customer relationship;
• communications, submissions and customer interactions with SIMBIM.

These terms are intended to operate as SIMBIM's general published terms. Specific proposals, order confirmations, contracts, vendor licence terms, statements of work, service agreements or data-processing agreements may add to or modify these terms for a specific transaction.

If there is a conflict between these terms and a signed contract, accepted proposal, order confirmation, vendor licence agreement or specific service agreement, the specific document will prevail for that transaction.

SIMBIM's website and services are primarily directed at professional and business users in the AECO, BIM, software, construction, engineering, real estate, facility management and asset-management sectors.

If a user accesses the website or contracts with SIMBIM as a consumer, mandatory consumer-protection rights apply where legally required.

Nothing in these terms limits non-waivable statutory rights.

By accessing or using the website, you agree to use it in accordance with these terms, applicable law, good faith and normal professional standards.

A customer may also accept these terms by:

• signing a proposal or contract that refers to them;
• accepting a quotation or order confirmation;
• sending a written order;
• confirming acceptance by email;
• paying an invoice;
• requesting a licence, renewal, subscription or service after receiving these terms;
• using a licence, activation code, portal, support service, consulting service or deliverable supplied under these terms.

Where SIMBIM and a customer have an existing commercial relationship, subsequent licence or service requests may be governed by these terms when the request is documented by order, email, proposal acceptance, invoice or payment.

You agree to use the website lawfully and responsibly.

You must not:

• use the website for unlawful, fraudulent, abusive or harmful purposes;
• interfere with the operation, security or availability of the website;
• attempt to access systems, data, accounts or areas without authorisation;
• introduce malware, malicious code, automated scraping tools or disruptive scripts;
• impersonate another person or organisation;
• submit false, misleading or unauthorised information;
• misuse forms, support channels, proposal requests or account features;
• infringe SIMBIM's intellectual property or third-party rights;
• use website content in a way that damages SIMBIM, its customers, vendors or partners.

SIMBIM may suspend, restrict or block access where it reasonably believes the website is being misused or where this is necessary to protect users, systems, data, vendors, partners or legal obligations.

Some website, portal, software, support or customer functions may require account registration or authenticated access.

If you create or use an account, you must:

• provide accurate and up-to-date information;
• keep login credentials confidential;
• use access only for authorised purposes;
• notify SIMBIM if you suspect unauthorised access;
• ensure that users acting on behalf of an organisation have proper authority.

SIMBIM may disable, restrict or suspend accounts where necessary for security, misuse prevention, legal compliance, service integrity or breach of these terms.

SIMBIM is not responsible for losses caused by a user's failure to protect credentials, except where liability cannot be excluded under applicable law.

SIMBIM works to keep website content accurate, useful and up to date. However, website content is provided for general information and commercial orientation only.

Website content may include:

• product descriptions;
• software plan descriptions;
• pricing or proposal guidance;
• service descriptions;
• BIM and ISO 19650 explanations;
• policy pages;
• support information;
• training information;
• blog or educational content;
• third-party vendor references.

Unless expressly stated in a signed contract, accepted proposal or order confirmation, website content does not create a binding offer, guaranteed availability, guaranteed price, guaranteed delivery date, guaranteed product feature, guaranteed compliance result or professional certification outcome.

Product features, licence terms, prices, availability, territories, vendor programmes, subscriptions, support terms and product names may change according to vendor conditions, regional availability, version, plan, licence type, customer eligibility or SIMBIM proposal terms.

Product descriptions, images, videos, screenshots, diagrams, logos, plan comparisons and vendor references are provided for orientation and may be based on information supplied by software vendors or technology partners.

Availability may vary by:

• product;
• vendor;
• country or region;
• licence type;
• plan;
• version;
• subscription status;
• account eligibility;
• customer type;
• vendor approval;
• commercial territory;
• technical requirements.

SIMBIM confirms product availability, licence route, support scope, onboarding assumptions and commercial terms through proposal review, quotation, order confirmation or contract.

SIMBIM's active sales and support territories may vary by vendor and product line. Requests outside assigned active territories may be assessed case by case where permitted by vendor terms and applicable law.

Some products or services on the website may be proposal-led and may not be available for immediate checkout.

Where SIMBIM uses a proposal-led process, prices, licence terms, support scope, onboarding, implementation assumptions and delivery expectations are confirmed through a written proposal, quotation, order confirmation, contract or accepted commercial document.

Unless expressly stated otherwise, business-customer prices may be shown excluding VAT or other applicable taxes. Taxes, charges, payment terms and any applicable costs will be confirmed before order acceptance or in the relevant proposal or order document.

Website references to pricing, discounts, availability, plans or service packages are not binding unless confirmed by SIMBIM in writing.

If SIMBIM publishes a separate Price Match Policy, that policy applies according to its own stated eligibility requirements, exclusions, conditions and approval process. Nothing in these general terms should be interpreted as cancelling or overriding a valid Price Match Policy commitment where the customer meets the conditions of that policy.

SIMBIM may correct errors in website pricing, product descriptions, availability, taxes, territory conditions or technical information where necessary.

An order, proposal acceptance, licence request, renewal request or service request becomes binding only when SIMBIM confirms acceptance or when the applicable contract, quotation, order confirmation or payment process states that the order is accepted.

SIMBIM may require payment before issuing or renewing software licences, subscriptions or services unless agreed otherwise in writing.

After order acceptance, SIMBIM may send confirmation by email or through the relevant platform, portal or customer communication channel.

SIMBIM may refuse, pause or cancel an order where:

• information is incomplete or incorrect;
• payment has not been received;
• vendor approval is required and not obtained;
• the product is unavailable;
• the request falls outside permitted territories or vendor rules;
• fraud, misuse or legal risk is suspected;
• the customer is not eligible for the requested licence or service.

Where a customer has an existing contractual or commercial relationship with SIMBIM, later requests for additional licences, renewals, seats, subscriptions, services or support may be made through written order, email, accepted offer, purchase order, invoice acceptance, payment or other documented instruction.

Unless a separate written agreement states otherwise, those later requests will be governed by:

• these Terms and Conditions of Use and Sale;
• the specific proposal, quotation, invoice or order confirmation;
• the applicable vendor licence terms;
• any service-specific terms accepted by the customer.

SIMBIM and the customer agree that it is not always necessary to sign a new full contract for every additional licence or service purchase, provided that the acquisition is documented by a valid order trail, invoice, payment confirmation, written acceptance or other reliable record.

Each additional licence, renewal or subscription may have its own start date, end date, duration, renewal date and vendor conditions. The acquisition of a new licence does not automatically extend or modify other licences unless expressly stated.

Regularisation of past deliveries under current terms applies only where the customer expressly agrees in writing for the specific deliveries identified, operates prospectively from that agreement, and never overrides mandatory law. These mechanics are best handled in the relevant signed agreement rather than relied on through these general terms alone.

The customer must pay the amounts confirmed in the applicable proposal, quotation, order confirmation, invoice, portal, payment link or contract.

Unless agreed otherwise, payment may be required before licence issue, renewal, subscription activation, onboarding, support delivery, training, consulting or implementation work.

Where the parties agree payment after invoice, the invoice must be paid within the period stated in the invoice, proposal or contract. If no specific period is stated, payment must be made within the legally applicable period or within the commercial period confirmed by SIMBIM.

Late payments may result in suspension of services, suspension of licence fulfilment, recovery costs, late-payment interest or other remedies permitted by applicable law and the relevant agreement.

The customer must notify SIMBIM as soon as possible if they detect an incorrect, duplicated or potentially fraudulent payment related to SIMBIM.

External payment providers may apply their own terms, security checks, authentication requirements and processing rules.

SIMBIM may provide information, proposal support, implementation guidance, licensing services, renewal support, consulting, training or onboarding for third-party software products.

Software products are usually subject to the relevant vendor's own licence terms, subscription terms, cloud terms, privacy notices, support rules, data-processing terms and acceptable-use policies.

By purchasing, renewing or using third-party software through SIMBIM, the customer accepts that the relevant vendor terms, end-user licence agreement, subscription terms, cloud service terms or data-processing terms may apply.

SIMBIM does not own or control third-party software unless expressly stated. SIMBIM is not responsible for vendor platform downtime, vendor feature changes, vendor licence rules, vendor price changes, vendor support policies, vendor product discontinuation or vendor approval decisions, except where SIMBIM has expressly accepted responsibility under a specific agreement.

SIMBIM may act as distributor, reseller, implementation partner, consultant, support provider or training provider depending on the product, vendor agreement, territory and service scope. The exact role may vary by software vendor and product line.

Unless a specific proposal, order confirmation, vendor term or mandatory law states otherwise, the following software licence conditions apply:

• software licence orders may become non-cancellable once accepted, submitted to the vendor, issued, activated, renewed, assigned or made available to the customer;
• software licences, subscriptions and renewals are normally issued under prior-payment conditions unless SIMBIM agrees otherwise in writing;
• the customer must provide all information required for licence issue, account assignment, renewal, activation or onboarding;
• the customer must accept and comply with the applicable vendor terms;
• the customer must not modify, adapt, distribute, resell, rent, lend, transfer or misuse software except where allowed by the vendor terms or written agreement;
• intellectual-property rights in the software remain with the vendor or relevant rights holder;
• software is supplied according to the vendor's licence, service and warranty terms;
• support and maintenance depend on the product, plan, vendor rules and SIMBIM's agreed service scope.

Where vendor terms conflict with these general terms, the vendor terms will apply to the use of the vendor software unless SIMBIM has expressly assumed an additional obligation in writing.

Software licences, subscriptions or renewals may be delivered manually, through vendor portals, by email, by customer account assignment or through other vendor-approved fulfilment processes.

Unless a different delivery process is confirmed in the proposal or order confirmation, licence delivery is subject to:

• signed contract or accepted proposal, where required;
• payment confirmation;
• vendor availability;
• customer eligibility;
• correct customer information;
• vendor approval where required;
• account or administrator details;
• regional or licence eligibility checks;
• acceptance of vendor terms.

Where operationally possible, SIMBIM aims to complete licence delivery within the timeframe stated on the SIMBIM website, currently 24 hours after signed contract, payment confirmation and receipt of all required information, and to schedule onboarding promptly.

This is an operational target, not a guaranteed deadline, unless expressly confirmed in writing.

Some software products may require:

• vendor account creation;
• customer administrator details;
• end-user assignment;
• approval by the software vendor;
• acceptance of vendor terms;
• technical onboarding;
• identity verification;
• regional or licence eligibility checks.

Some subscriptions may renew automatically depending on vendor rules, product type, order terms, customer agreement or subscription configuration.

Where automatic renewal applies, SIMBIM will communicate the renewal terms, notice requirements and cancellation process according to the relevant proposal, vendor rules or order confirmation.

Where a subscription is configured for automatic renewal and a 90-day cancellation notice applies, the customer must request cancellation at least 90 days before the renewal date.

If the customer does not cancel within the applicable notice period, the subscription may renew automatically and renewal charges may apply, subject to vendor rules, the relevant proposal, order terms and mandatory law.

If the software vendor increases the subscription price for a renewal period, the customer accepts that the renewal may apply at the updated vendor price unless the customer cancels within the applicable cancellation deadline.

Vendor price changes, public price lists, regional price changes, exchange-rate effects, tax changes or vendor commercial policy changes may affect renewal pricing.

SIMBIM will not be responsible for vendor price changes unless SIMBIM has expressly guaranteed a price in writing for a specific period.

The 90-day cancellation-notice requirement and the automatic application of vendor renewal price changes apply to business and professional customers only, and only where these conditions were clearly disclosed before the contract was concluded.

For consumers, automatic renewal, cancellation notice periods and renewal price changes are subject to mandatory consumer-protection law, including clear advance notice and the consumer's right to cancel the renewal or reject a price increase. Nothing in this section limits those rights.

Return, cancellation and refund rights depend on the product or service type, customer status, vendor rules, order status and applicable law.

For business customers, software licences, subscriptions, renewals, digital products, activated licences, issued licence keys, vendor-assigned subscriptions, personalised configurations, professional services, consulting, training and implementation services are generally non-refundable once ordered, activated, issued, started or delivered, unless:

• SIMBIM confirms otherwise in writing;
• the relevant vendor permits cancellation or refund;
• the product or service was not supplied as agreed;
• there is a material error attributable to SIMBIM;
• mandatory law requires a refund.

For consumers, mandatory statutory withdrawal and consumer-protection rights apply where legally required. However, withdrawal rights may be excluded or lost in legally permitted cases, including certain digital content, digital services, personalised products or services already begun with the consumer's prior express consent and acknowledgement where applicable.

Where a refund is approved, SIMBIM will process it through a reasonable method and timeframe according to the applicable payment method, vendor process, order status and legal requirements.

Fees charged by third-party providers, banks, payment processors or vendors may be subject to their own refund rules.

SIMBIM's current business is primarily software, digital services, consulting, training and support. However, if physical goods are supplied, delivery terms will be confirmed in the relevant proposal, order confirmation or checkout process.

Delivery conditions may include:

• delivery address;
• delivery territory;
• carrier;
• delivery estimate;
• taxes and shipping charges;
• recipient identification requirements;
• failed delivery process;
• customer responsibility to provide accurate delivery information.

SIMBIM is not responsible for delivery errors caused by incorrect or incomplete information supplied by the customer.

If goods are visibly damaged on delivery, the customer should report the issue as soon as reasonably possible and preserve evidence such as photographs, packaging and delivery documentation.

SIMBIM may provide professional services including BIM consulting, ISO 19650 consulting, software implementation, gap analysis, training, support, workflow design, information management and related advisory services.

Unless expressly agreed in writing, website content does not guarantee:

• project approval;
• ISO certification;
• regulatory compliance;
• audit success;
• software adoption success;
• operational savings;
• productivity gains;
• cost reduction;
• energy reduction;
• CO₂ reduction;
• project delivery outcomes;
• error-free implementation.

Professional services depend on scope, data quality, client cooperation, project context, software configuration, organisational readiness and agreed deliverables.

Where SIMBIM provides ISO 19650 consulting, information management consulting, BIM workflow standardisation or related advisory services, the exact scope will be defined in the accepted proposal, statement of work, contract or annex.

Unless expressly agreed otherwise, ISO 19650 consulting is a management-consulting and information-management support service. It is not:

• outsourced BIM project delivery;
• design data entry;
• modelling production;
• replacement of the client's appointed information management responsibilities;
• legal certification of project compliance;
• guarantee of audit success;
• guarantee of software implementation success.

SIMBIM may help the customer structure documentation workflows, BIM information processes, standardisation methods, CDE governance, information requirements, templates, review methods or training activities according to the accepted scope.

Services not expressly included in the accepted proposal or annex are outside scope unless agreed in writing.

Where a service is offered at a reduced price because it forms part of a larger package, that reduced price applies only while the customer contracts the full relevant package, unless SIMBIM agrees otherwise in writing.

Where a consulting or professional service is contracted on the basis of a retainer, provision of funds, prepaid hours or estimated hours, the customer must pay according to the proposal, invoice or contract.

Unless the proposal states otherwise:

• prepaid amounts may be applied against services actually performed;
• hours already performed are payable and non-refundable;
• if fewer hours are performed than prepaid, SIMBIM may refund or credit the unused balance according to the final liquidation agreed in the proposal or contract;
• if additional hours are required, SIMBIM may invoice them only where the customer has accepted the additional time, scope or cost in writing;
• early termination by the customer does not release the customer from payment for work already performed.

Where the customer terminates a service early, any refund or credit applies only to services not yet performed and only according to the accepted proposal, contract and final service liquidation.

The customer is responsible for:

• providing accurate information;
• confirming product, licence and service requirements;
• ensuring that users are authorised;
• reviewing proposal details before acceptance;
• accepting applicable vendor terms;
• maintaining access to vendor accounts where applicable;
• cooperating with onboarding, support and implementation requirements;
• protecting account credentials;
• complying with applicable laws and vendor rules;
• backing up customer data where relevant;
• ensuring internal approval for purchases, renewals and subscriptions;
• providing timely feedback, documents, access and decisions required for service delivery.

SIMBIM is not responsible for delays, delivery issues, configuration problems, support limitations, consulting delays or project impacts caused by incomplete, inaccurate or late information provided by the customer.

SIMBIM will perform agreed services with reasonable professional skill, diligence and care, according to the accepted scope, agreed assumptions, available information and professional standards relevant to the service.

SIMBIM will not be responsible for errors, delays or incomplete outcomes caused by:

• inaccurate or incomplete client information;
• lack of client cooperation;
• vendor platform limitations;
• missing access rights;
• third-party system changes;
• client-side software or infrastructure issues;
• decisions taken by the customer outside SIMBIM's accepted scope;
• work requested outside the agreed scope;
• force majeure or events outside SIMBIM's reasonable control.

SIMBIM treats customer information, project information, business information, technical information, financial information, workflows, models, documents, methods, credentials and related materials as confidential where the nature of the information or the circumstances require confidentiality.

SIMBIM will not disclose confidential customer information to third parties except where:

• disclosure is necessary to provide the service;
• the customer authorises it;
• disclosure is required by law;
• disclosure is necessary to protect rights, security or legal interests;
• a vendor, processor, professional adviser or subcontractor needs access under appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that is public, independently developed, lawfully obtained from a third party, or required to be disclosed by law.

SIMBIM processes personal data according to its Privacy Policy and Cookie Policy.

Depending on the service, SIMBIM may act as:

• controller, for its own business, customer, billing, marketing, support and website operations;
• processor, where it processes personal data on behalf of a customer under a consulting, support, implementation or managed-service scope.

Where SIMBIM acts as processor, the processing must be governed by a data-processing agreement or equivalent contractual terms where required by law.

Where SIMBIM acts as processor, SIMBIM will process personal data only according to the customer's documented instructions, applicable law and the agreed service scope.

Where sub-processors are used, SIMBIM will apply appropriate contractual safeguards according to applicable data-protection law.

The customer authorises SIMBIM to process billing, order, licence, delivery, support and payment-related information where necessary to:

• process an order;
• issue invoices;
• manage payment;
• issue or renew licences;
• coordinate with software vendors;
• provide support;
• comply with accounting and tax obligations;
• protect SIMBIM's legal and commercial interests.

Where third-party payment processors, vendors, carriers or service providers are involved, data may be shared where necessary for the relevant transaction or service, subject to applicable law and the Privacy Policy.

SIMBIM may send marketing communications only where it has a lawful basis to do so.

Consent to receive marketing communications is not automatic merely because a user accepts these terms.

Users may unsubscribe or withdraw marketing consent at any time using the available unsubscribe mechanism or by contacting SIMBIM.

More information is provided in SIMBIM's Privacy Policy.

SIMBIM will not publish a customer's logo, company seal, customer reference, project reference or case study unless it has an appropriate permission, agreement or lawful basis to do so.

Any customer consent for logo display, testimonial use, customer-reference publication or case-study publication should be obtained separately from these general terms and should be capable of being withdrawn where applicable.

Withdrawal of consent will not affect lawful use that occurred before withdrawal, but SIMBIM will take reasonable steps to remove or stop future use after a valid withdrawal request.

All website content, design elements, text, graphics, layout, logos, icons, images, documents, code, interface elements, downloadable materials and other content are owned by SIMBIM or used under licence, unless otherwise stated.

Users may view and use website content for normal personal, professional or internal business purposes.

You must not, without prior written permission:

• copy, reproduce, publish, sell or distribute website content commercially;
• modify, reverse engineer or extract website code;
• use SIMBIM branding in a misleading way;
• remove copyright, trademark or attribution notices;
• use content in a way that implies endorsement by SIMBIM or its vendors;
• use vendor logos, product screenshots or third-party assets outside permitted use.

Third-party trademarks, product names, software names and logos belong to their respective owners. Their appearance on the website does not imply ownership by SIMBIM.

Unless a proposal, contract or annex states otherwise:

• SIMBIM retains ownership of its pre-existing methods, templates, know-how, tools, training materials, methodologies, frameworks, code, internal processes and reusable materials;
• the customer may use final deliverables provided by SIMBIM for the customer's internal business purposes connected with the agreed service;
• the customer does not receive ownership of SIMBIM's underlying know-how, generic templates, reusable methods or background intellectual property;
• vendor software, third-party assets and third-party content remain subject to their own ownership and licence terms.

Where a specific contract states that a customer owns particular bespoke deliverables, that ownership applies only to the deliverables expressly identified and does not transfer SIMBIM's pre-existing intellectual property unless expressly stated.

When you submit information through forms, email, portal functions, proposal requests, support requests or other communication channels, you confirm that:

• the information is accurate to the best of your knowledge;
• you have authority to submit it;
• it does not infringe third-party rights;
• it is not unlawful, abusive, defamatory, misleading or harmful.

SIMBIM may use submitted information to respond to requests, provide support, prepare proposals, manage customer relationships, deliver services, protect systems and comply with legal obligations, according to SIMBIM's Privacy Policy.

Do not submit confidential, sensitive or regulated information unless it is necessary for the requested service and you are authorised to share it.

The website may contain links to third-party websites, software vendor platforms, payment providers, training platforms, support systems, certification bodies, cloud services or partner websites.

Third-party websites and platforms are not controlled by SIMBIM. Their own legal terms, privacy policies, cookie policies, licence terms and security practices apply.

SIMBIM is not responsible for third-party content, availability, accuracy, security, cookies, privacy practices, pricing, licence rules or service performance, except where SIMBIM has expressly accepted responsibility under a specific agreement.

SIMBIM processes personal data according to its Privacy Policy.

The website may use cookies or similar technologies according to SIMBIM's Cookie Policy.

Relevant legal resources may include:

• Privacy Policy;
• Cookie Policy;
• Cookie settings (available via the cookie settings panel where enabled).

Users should review these documents to understand how SIMBIM processes personal data, uses cookies, manages consent and protects user rights.

SIMBIM aims to keep the website available, secure and functional. However, SIMBIM does not guarantee uninterrupted, error-free or permanently available access.

The website may be unavailable or limited due to:

• maintenance;
• updates;
• security measures;
• hosting issues;
• network issues;
• third-party service failures;
• technical errors;
• force majeure or events outside SIMBIM's reasonable control.

SIMBIM may modify, suspend, replace or discontinue website features where necessary for technical, operational, security, legal or business reasons.

Users must not attempt to compromise the website, access restricted systems, bypass security controls, probe vulnerabilities, overload the service or misuse forms and interfaces.

SIMBIM may monitor technical activity, logs and access patterns to protect the website, users, systems and legal interests.

Security incidents or suspected vulnerabilities should be reported to support@simbim.eu.

SIMBIM may use employees, collaborators, subcontractors, processors, vendors or professional advisers where reasonably necessary to operate the website, provide software licensing services, deliver support, perform consulting or manage business operations.

Where a specific contract restricts subcontracting, that contract will apply.

Where subcontracting involves personal data, SIMBIM will apply the relevant data-protection safeguards required by law.

SIMBIM remains responsible to the customer for subcontracted work where required by the applicable contract and law.

Unless expressly agreed in writing, SIMBIM's relationship with a customer is non-exclusive.

SIMBIM may provide similar services, support, software licensing, consulting, training or implementation services to other customers, including customers in the same industry, provided that SIMBIM respects applicable confidentiality, data-protection, intellectual-property and conflict-of-interest obligations.

SIMBIM will not be responsible for delay or failure to perform caused by events outside its reasonable control.

Force majeure may include, without limitation:

• natural disasters;
• fire, flood or earthquake;
• war, terrorism or civil unrest;
• strikes or labour disputes;
• public authority orders;
• embargoes or sanctions;
• energy or communications failure;
• internet or hosting failures;
• vendor platform outages;
• cyber incidents not caused by SIMBIM's negligence;
• other extraordinary events beyond reasonable control.

If a force majeure event materially affects service performance for a prolonged period, the parties will seek a reasonable adjustment, suspension or termination according to the applicable proposal, contract and law.

SIMBIM may suspend or terminate access to website features, services, licence fulfilment, support or account functions where reasonably necessary because of:

• non-payment;
• fraud or suspected fraud;
• misuse;
• breach of these terms;
• breach of vendor terms;
• unlawful conduct;
• security risk;
• lack of required customer information;
• vendor refusal or suspension;
• legal obligation;
• force majeure.

Where a specific service contract applies, termination and cure periods in that contract will prevail for that service.

Termination does not affect accrued rights, payment obligations, confidentiality obligations, data-protection obligations, intellectual-property obligations or other clauses intended to survive termination.

The website is provided on an "as available" basis for general information, commercial guidance, support access and website use.

SIMBIM does not guarantee that:

• all website content is permanently accurate or complete;
• every product or service is available in every country;
• vendor product information is always current;
• the website will be uninterrupted or error-free;
• the website will meet every user's technical or commercial expectations;
• website content is sufficient for legal, tax, procurement, compliance, technical or professional decisions without further review.

Nothing in these terms excludes or limits liability where this would be unlawful.

To the maximum extent permitted by applicable law, SIMBIM is not liable for indirect, incidental, special or consequential losses arising from website use, including loss of business opportunity, loss of profit, data loss, business interruption or reputational loss.

This limitation does not apply where liability cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights where applicable.

For products, licences, consulting, training, support or implementation services, liability rules may be set out in the relevant proposal, order confirmation, contract, vendor licence terms or service agreement.

SIMBIM may run promotional campaigns, discounts, launch offers or commercial initiatives from time to time.

Each promotion may be subject to specific conditions, eligibility rules, validity periods, territory limits, product exclusions, vendor rules or stock/availability limits.

SIMBIM may correct promotional errors, prevent misuse, reject abusive participation or withdraw a promotion where necessary, subject to applicable law.

If any clause of these terms is found to be invalid, unlawful or unenforceable, the remaining clauses will remain in effect to the extent permitted by law.

SIMBIM's failure to exercise a right or remedy under these terms does not constitute a waiver of that right or remedy unless expressly stated in writing.

SIMBIM may update these Terms and Conditions of Use and Sale to reflect legal, technical, operational, commercial or website changes.

The latest version will be published on the website with the applicable "Last reviewed" or "Last updated" date.

Continued use of the website after publication of updated terms means that the user accepts the updated terms for future use.

Where a specific transaction, accepted proposal, order confirmation or contract is governed by earlier terms, the applicable version will be determined according to the relevant transaction documents and mandatory law.

These Terms and Conditions of Use and Sale are governed by Spanish law.

For business users and professional users, disputes relating to website use or business transactions with SIMBIM will be submitted to the competent courts of Barcelona, Spain, unless mandatory law or a specific signed agreement provides otherwise.

If a specific signed contract provides for arbitration, mediation or another dispute-resolution mechanism, that mechanism will apply to the relevant contract.

For consumers, the competent courts and applicable dispute-resolution rules will be those established by mandatory consumer-protection law.

For questions about these Terms and Conditions of Use and Sale, contact:

• SIMBIM — Simulación y Modelado de Información para la Edificación S.L.U.
• Av. Diagonal 640, P6 (SIMBIM), 08017, Barcelona, Spain
• General support: support@simbim.eu
• Privacy: gdpr@simbim.eu
• Website: https://www.simbim.eu

During SIMBIM's transition from the older simbim.es environment to the new simbim.eu website, the simbim.es email addresses listed in these terms remain the monitored contact channels for support and privacy matters.