1. About Cobuilder Supply (formerly goBIM)

The supply online service is a platform where manufacturers and other users enter and register product information to distribute to various construction industry actors.

BIM is a standardized digital process where all actors in the value chain can collaborate and share the necessary information throughout the construction process. The manufacturers’ data can be used in various BIM projects, and Cobuilder will ensure that the quality of the manufacturers’ product information is good enough for this purpose. It is the Customer’s responsibility to ensure that the information about products provided by the Customer into Cobuilder Supply (goBIM) is sufficiently specific so that the product can be identified and used by other players.

When the Customer adds data or creates the Product Data Sheet (PDS), the Customer must specify the product name and other identifiers, e.g., manufacturer’s product number, barcode, GTIN number, etc. The specified product information must be sufficiently comprehensive and specific enough to achieve traceability of products used by contractors, designers, architects, janitors, etc.

Cobuilder has the right to remove information or data if the data quality does not correspond to current industry standards and market requirements at any time.

Users of the Cobuilder Collaborate system can upload current information and data freely, which will then be added to the Customer’s profile. The customer will also see certain data from Cobuilder’s other systems, such as statistics, links, etc.

2. Scope

2.1 This Agreement contains specific Terms and Conditions for the Customer’s use of the Supply online service described in the Agreement. When logging in, the customer must accept the Standard Terms and Conditions https://cobuilder.com/no/terms-and-agreements/ and the End User License Agreement ( Eula ) https://cobuilder.com/no/end-user-license-agreement/ .

2.2 Anyone using the Supply online service on behalf of the Customer is obliged to accept the End User License Agreement (EULA), which applies as a binding part of this Agreement. The customer cannot make more claims against Cobuilder than a user can under these End User Terms in relation to the Supply online service.

3. Duration

3.1 This Agreement applies from the date of Subscription start stated in the agreement. The agreement is automatically renewed for one year at a time unless one of the Parties has terminated the Agreement with at least 3 months’ written notice before the next subscription period. Upon termination, the Agreement is considered terminated on the last day the prepaid fixed subscription paid for by the Customer applies.

3.2 If one of the Parties is guilty of a material breach of the Agreement that has not been rectified within 30 days after being called upon by written notice, the other Party may terminate the Agreement immediately.

4. Prices

4.1 The Prices for all the use of the Supply online service are given in the current price list from Cobuilder. The price list at the time of the conclusion of the agreement is included in the Agreement as Appendix 3: Prices Cobuilder Supply (goBIM).

4.2 For newly registered customers of Cobuilder Supply (goBIM)

The Customer will have access to the Supply online service from the date set as the Subscription starts. If the Customer does not pay the ordered subscription for the Service by the payment deadline, Cobuilder will terminate access to the Customer’s accounts within 24 hours.

4.3 For existing customers of Cobuilder Supply (goBIM)

If the Customer does not want to renew their subscription, Cobuilder will terminate the Customer’s access to the Service within 24 hours after the end of the agreement period for which the Customer previously paid a subscription.

4.4 Payment terms

The consideration is due for payment 14 days after the invoice date. In the event of late payment, late payment interest accrues in accordance with the law of 17 Dec. 1976 no. 100, about interest in case of late payment

4.5 Price changes

If changes are adopted in public taxes and fees that affect the Agreement after the conclusion of the Agreement, this will be charged to the Customer. Cobuilder can, without prior notice, carry out annual price regulations according to the higher of the change in the consumer price index (CPI) or 5%. Other price changes must be notified in writing, and price changes can only be implemented one month after the notification has been sent.

5. Intellectual property rights

Cobuilder holds the ownership and all intellectual property rights to the technology, including the database Cobuilder Supply (formerly goBIM) and associated software and services, which Cobuilder offers the Customer via Cobuilder Supply (formerly goBIM).

The customer has ownership rights to the customer’s data entered by the customer or data registered by Cobuilder after authorisation from the customer in Cobuilder Supply (formerly goBIM). The customer retains property rights to data linked from Cobuilder Collaborate registered by the end-user or Cobuilder after authorisation from the end user in Cobuilder Collaborate . Data from the Customer used in other Cobuilder systems or 3rd party Software is their property.

The Customer is granted a non-exclusive right of use to Cobuilder Supply (formerly goBIM) as the End User Terms (EULA) state, provided that the Customer has paid for such use and complies with Cobuilder’s requirements. The Customer can give its employees and others who perform tasks for the Customer the opportunity to be users of Cobuilder Supply (formerly goBIM). The customer agrees that only those who carry out tasks for Companies with the same company number as the customer are covered by the customer’s subscription.

The customer assigns a non-exclusive and non-time-limited right for Cobuilder and all users of Cobuilder’s systems offered on the market in Norway and other countries to use all data and documents the customer or Cobuilder, after authorization from the customer, has entered into Cobuilder’s systems, including Cobuilder Supply (formerly goBIM), as Cobuilder’s systems open up at all times. If the Customer discovers usage restrictions on some documents or data, the Customer must immediately notify Cobuilder in writing of this, identifying which documentation or data this applies to.

6. Requirements for the Customer

The End User Terms and Conditions apply to all users the Customer creates for Cobuilder Supply (formerly goBIM). If the Customer does not accept the End User Terms and Conditions, the Customer will not be granted access to Cobuilder Supply (goBIM).

If the Customer wishes to use products or services from Cobuilder other than those provided by Cobuilder Supply (goBIM), the Customer must enter into an agreement and pay Cobuilder for such use.

The customer is responsible for acquiring, paying for and maintaining the necessary computer equipment, internet access, etc. The customer is responsible for the creation, maintenance and use of data from Cobuilder Supply (goBIM) in his own business.

The customer is responsible for the necessary training of Cobuilder Supply (goBIM) with associated services in his business. Such training can be ordered from Cobuilder, and the Customer will be billed as an additional service based on time consumed at the hourly rate according to the price list as published on the Cobuilder webpages at any time.

Distribution of product information through Cobuilder Supply (goBIM) is based on what the individual Customer or Cobuilder, on behalf of the Customer, enters as a registered product range/product list. For the correct product information to be delivered through Cobuilder Supply (goBIM), the relevant products in the Customer’s registered product range/product list must be identified. Unless otherwise agreed with Cobuilder, the Customer must establish a routine for handing over an updated product range/product list at least every 3 months. Unless otherwise agreed, the Customer shall use the current format description for the product range/product list as specified at any time on the Cobuilder Supply (goBIM) website. As an additional service, the Customer can, on request, ask Cobuilder to send the finished set-up of the product range/product list to the Customer, which is then filled in and returned to Cobuilder. The customer is, in any case, responsible for quality-assuring their own product range list/product list for errors and deficiencies before it is handed over to Cobuilder or taken into Cobuilder Supply (goBIM), including checking data registered by Cobuilder on behalf of the customer after authorization. If the Customer uses information included in the product range list/product list to which others have rights, the Customer is obliged to indemnify Cobuilder for claims directed at Cobuilder and to correct such product range list/product list on request.

The customer is responsible for the use and/or distribution of documentation from the product owner (manufacturer) who has NOT signed an agreement on the handover and updating of Safety Data Sheets, Declaration of Performance, Assembly instructions and other product documentation in products or services offered by Cobuilder.

The customer is responsible for ensuring that all data that the customer or Cobuilder on behalf of the customer register into Cobuilder Supply (goBIM) is correct, including that such data does not lead to any infringement of third-party intellectual property rights. This obligation applies to all use of Cobuilder Supply (goBIM), including the Customer’s receipt or distribution of data or information belonging to third parties as well as information linked to the customer’s account in the Cobuilder Supply (goBIM) online service from Cobuilder Collaborate . If the Customer has a contractual obligation with a third party that limits the Customer’s right to use such data, the Customer is responsible for complying with such agreements. If a third party makes a claim against Cobuilder due to data or content that the Customer or Cobuilder, on behalf of the customer, has registered in Cobuilder Supply (goBIM), Cobuilder can demand that the Customer take over the claim at all risk. In any case, Cobuilder can demand that the Customer indemnifies Cobuilder for losses Cobuilder incurs by such claims being made against Cobuilder.

If the Customer enters personal data into Cobuilder Supply (goBIM), the Customer is responsible for obtaining consent from the person to whom the data relates so that this personal data can be used and passed on by Cobuilder and other users of Cobuilder’s systems as enabled by Cobuilder’s systems. If sensitive personal information is entered, the Customer must get the person to whom the information applies to enter such information about themselves.

The customer acknowledges that Cobuilder can market and the agreement the company has entered into with Cobuilder.

7. Requirements for Cobuilder

Cobuilder is responsible for the administration, operation and maintenance of Cobuilder Supply (goBIM).

Cobuilder is responsible for Cobuilder Supply (goBIM) being available on the Internet but is not responsible for the Internet being available or the Customer’s systems being available.

As a supplier of Cobuilder Supply (goBIM), Cobuilder undertakes to conduct its business activities so that Cobuilder does not violate internationally recognized principles and guidelines related to human and employee rights, the environment and corruption.

8. Liability

Cobuilder, as the operator of Cobuilder Supply (goBIM), is not responsible for incorrect use of data or products, nor for any damage (direct or indirect) resulting from data or information being incorrect or misleading.

Cobuilder is also not responsible for incidents, losses or damages due to Cobuilder Supply (goBIM) being unavailable or misused.

If the implementation of the Agreement is wholly or partially prevented or made substantially more difficult by circumstances beyond the Parties’ control, the Parties’ obligations are suspended to the extent that the relationship is relevant and for as long as the relationship lasts. Such conditions include, but are not limited to, lightning strikes, floods, strikes, lockouts, and any condition considered force majeure under Norwegian law. However, each party may terminate the Agreement with one month’s notice if the force majeure case makes it particularly burdensome for the person concerned to maintain the Agreement.

The parties’ liability to each other is limited to direct losses and up to NOK 100,000,-. The following amounts are not subject to the upper limit of compensation amounts if a party is legally liable for them: i) Payments to third parties; ii) personal injury, including death; iii) damage to immovable or movable property; and iv) compensation amounts which cannot be limited under applicable law. Neither party is liable for loss of data.

Each Party guarantees to the other Party to hold all necessary tangible and intangible rights associated with its part of the delivery (Cobuilder for the system Cobuilder Supply (goBIM), and the Customer for everything the Customer or Cobuilder, after authorisation from the customer, puts into and distributes from Cobuilder Supply (goBIM)). If a third-party initiates proceedings or raises objections about infringement of intellectual property rights, the party that holds the relevant intellectual property rights must receive a notification immediately. The Party that holds the relevant intellectual property rights shall take over the case and the costs and risks associated with the case and indemnify the other Party for any claim related to such infringement or alleged infringement.

9. Assignment

Rights or obligations under the Agreement cannot be assigned or in any way transferred to others beyond what follows from the Agreement without the other Party’s prior written consent.

10. Contact persons

The parties must specify contact persons used for daily communication, notifications or changes to the Agreement. Each Party can change the stated contact person by sending an e-mail to the other Party’s contact person with 10 days’ notice.

11. DISPUTES

This Agreement is governed by Norwegian law. Any dispute arising from or in connection with this agreement must be resolved through negotiations. The parties accept the Oslo District Court as the venue for any legal disputes that may arise if the parties cannot resolve disputes through negotiations.

1. Acceptance of the end user terms

1.1 Welcome as a user of the Cobuilder Supply online service.

1.2 Information about us
The website Cobuilder Supply (formerly goBIM), which contains the Cobuilder Supply online service (hereinafter the “Service” or the “Supply online service”), has been developed and operated by Cobuilder AS (“we”, “our”, and “us”). We are a privately owned Norwegian company: Cobuilder AS, Strandveien 12, 1366 Lysaker, Norway, reg.no. 979198175, e-mail: support@cobuilder.no.

1.3 By using the Service, you enter into a binding agreement with us, and you accept that your use of the Supply online service is subject to these end-user terms that apply at the time you use the Service. When logging in, you must accept the Standard Terms and Conditions and the End User License Agreement ( Eula ).

1.4 We reserve the right to update and change these end-user terms at any time without further notice. You must accept the updated and/or amended delivery conditions before using the Supply online service. When accessing the Supply online service, you must, therefore, check whether there are updates and/or changes to these end-user terms. Regardless of the above, we shall not be obliged to keep this website up to date. If the need arises, we can terminate access.

1.5 Your use of the Supply online service is also subject to Cobuilder’s privacy policy for the protection of personal information in force at any time.

1.6 Definitions

• “Users” means you and other end users of the Supply online service, who are authorized to use the Services subject to the terms of these end-user terms as a result of a subscription paid by the Customer and receipt of user identification and password.
• “Cobuilder” means Cobuilder AS with registered subsidiaries.
• “Supply account” means an electronic account, which has been created for you as a user, provided that Cobuilder has given you access to the Supply online service, which is to be used in connection with the service.
• “Cobuilder Supply (goBIM)” or “The Services” means the web-based program and electronic services made available by Cobuilder on the internet.
• “Content” means all electronic data or information that users make public on the Supply online service.
• “Customer” means any past, current or future customer of Cobuilder who has paid for a subscription to the Supply online service.
• “End User Terms” refers to these general conditions for using Cobuilder Supply (goBIM).

2. Description of the Service

2.1 About Supply online service

With the help of Cobuilder Supply (goBIM), the data flow between all actors in the value chain in construction projects is simplified. The supply online service is a platform where manufacturers enter product information to be able to distribute it to various players in the construction industry.

When adding data or creating a Product Data Sheet (PDS), you must specify traceable information such as product name and other identifiers such as e.g. manufacturer’s product number, barcode/GTIN number, etc. The specified product information must be comprehensive and specific enough to be used by contractors, planners, architects, FM managers, etc., to track which products have been purchased and used in a construction project.

Cobuilder has the right to remove information, including the Product Data Sheet and document files if the data quality does not meet the current industry standards and the current market requirements at any given time.

The Supply online service gives access to both document files and product information stored on Cobuilder’s servers and to registered data/information – such as e.g. name, revision date of documents, identifiers of products and other data stored in Cobuilder’s database.

2.2 Access to Supply Online Service

You will be able to view, search, add and edit products and work with document files associated with them – add, edit, activate and version them, subscribe to them and link documents to products. The valid file formats are determined by Cobuilder.

Cobuilder has a database of Product Data Templates that are available via the Supply service. The database is made available to the service’s users, but the number of Product Data Templates that can be opened for completion is limited to 10. If necessary and by further agreement, the number of PDTs the customer is limited to can be expanded. By filling in a Product Data Template with specific data, the customer can create a Product Data Sheet. A Product Data Sheet (PDS) summarizes the technical characteristics of each building product, each material or component in accordance with regulatory, market or customer-specific requirements.

The documents you create will appear in electronic systems and solutions managed by Cobuilder.

You will be able to view, search, add and edit PDS. Additional restrictions may apply depending on the type of subscriber and country of distribution.

You can export your product data in various formats, such as e.g. PDF, Excel, COBie, etc. Additional restrictions may apply depending on your subscriber type and your country of distribution. Please check the Supply online service price list.

Your data may be made public and shared with other users of the Cobuilder systems.

Cobuilder will collect information about the use of your products and may submit it to you upon request.

Restrictions may apply depending on the type of subscriber and selected distribution country.

3. YOUR ACCOUNT

3.1 Cobuilder may at any time and in its sole discretion refuse registration of or cancel any account.

3.2 You gain access to your Supply account with a username and password, which you create or are assigned by Cobuilder (your “personal data”). Your personal data is for your own use only. You are responsible for keeping your personal data confidential and for all activities during your login, regardless of whether you have approved these or not. You are responsible for taking adequate precautions with your personal data and immediately informing Cobuilder of any unauthorised use of your personal data.

4. Cancellation and termination

4.1 Cobuilder may, at its sole discretion, terminate your Supply account and remove or discard any content within the Supply online service if Cobuilder believes you have breached or acted inconsistently with Cobuilder’s terms of use. In such event, any contract, whether oral, written or implied, as well as your Supply Account and all parts thereof shall be terminated at Cobuilder’s sole discretion.

4.2 Any termination of your access to the Supply Online Service pursuant to any of these End User Terms provisions may take effect without prior notice.

4.3 Upon cancellation or termination of your Supply Account for any reason, you may no longer access your Supply Account, or any information or content stored in your Supply Account or in your Supply Online Service. Cobuilder may delete Your Supply account. You are responsible for making all relevant backup copies of your content, and Cobuilder is under no circumstances responsible for information or content that is lost, damaged or otherwise deleted due to the cancellation or termination of your Supply account.

5. Content, IPR and rights

5.1 You confirm that your content in the Supply online service is your own or licensed to you from a third party, and that you have permission to publish this in the Supply online service. By uploading your content through the Supply online service, you also consent to the use of your content by Cobuilder and certain third parties in accordance with these terms.

5.2 By using the Supply online service, you grant Cobuilder, for the purpose of developing its products and the services related to them, a non-exclusive, permanent, irrevocable, worldwide, royalty-free right and license to use, reproduce, develop new information material of, distribute, modify, perform and display your content publicly on and via the Supply online service as well as Cobuilder’s other products and online services and on and via other third party services affiliated with Cobuilder, regardless of whether applied media or whether similar services exist now or are developed in the future. If you publish content on the Supply online service, you simultaneously guarantee that you have the right to publish this content and hereby grant the above rights to Cobuilder.

5.3 You agree that publishing your content in or via the Supply online service or other of Cobuilder’s online services is completely voluntary and exposes your content publicly in a non-confidential way. You agree that Cobuilder and/or any former, current or future customers of Cobuilder may gain access to your content and may develop or have developed content that is identical to or similar to yours or may already be aware of such content from other sources. Therefore, you represent and accept all of the following:

5.3.1 The content either represents your own original material or you have all necessary rights to pass it on. By doing so, you are not infringing the rights of any third parties, and you are not aware of any other person or entity whose rights are being infringed by the content being displayed and used as described in these Terms. You hereby confirm that your dissemination of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Cobuilder or any of its customers, or oblige Cobuilder or any of its customers to process your Content (or any related materials) as secret or confidential.

5.3.2 If Cobuilder and/or any of its customers make use of your content within the framework of these terms, no compensation will accrue to you or anyone else for the use of your content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to or related to your content.

5.3.3 If your content contains someone else’s intellectual property rights, you must disclose this in connection with publishing your content in or via the Supply online service.

5.3.4 You hereby irrevocably release and permanently release Cobuilder and its customers, subsidiaries and associated businesses (together the “Released Parties”) from all actions, causes of action, claims, damages and liability, whether absolute or conditional and regardless their nature, which you now or hereafter may or will have against the Released Parties or their respective successors and assigns in relation to the Content and the use of the Content under these Terms.

5.3.5 You authorise, by your acceptance of these terms, Cobuilder to use all data you have entered into Cobuilder Supply (formerly goBIM) and make the data available to other users as Cobuilder Supply (goBIM) at any time is offered to the market.

5.4 Content published by another person or business in or via the Supply online service belongs to that person/business. Except as expressly permitted by these Terms of Service, you may not use, reproduce, create derivative works from, distribute, perform, or display Content that you did not create, except for displaying Content in or through the Supply Online Service as Supply- the online service allows.

5.5 Cobuilder, with its partners, owns all rights as well as all access and property rights to the Supply online service and the product in its entirety, including all source code, graphics, user interface and audiovisual content used to offer the Supply online service. The Supply Online Service, associated source code, user interface, non- customer specific content, including its translation protected materials belong to Cobuilder or certain third parties. Various other aspects of the Supply online service may be protected by intellectual property, trademark, service mark, patent and trade secret laws.

5.6 Cobuilder grants you a non-exclusive, revocable and limited right to use the Supply Online Service solely in accordance with these Terms. By way of example and without limitation, you may not modify, adapt, reverse engineer or translate any part of the Supply Online Service or any other product accessed through the Supply Online Service. You may not index or compile any part of the content from or part of the Supply online service (either personally or by means of a robot, spider or other technology). Nothing in these Terms of Sale and Delivery shall be construed as conferring any rights to you in anything in the Supply Online Service or any software product that you access through the Supply Online Service, or any invention, copyright, trademark, patent or any other intellectual property right which is issued or may be issued based on the Supply online service.

5.7 The entire Product Data Template and all its parts, made available via Cobuilder Supply (formerly goBIM), Cobuilder Supply (formerly goBIM) API and export files, are owned by Cobuilder AS. This applies to the Product Data Template and its structure and content, incl. properties, test methods, entities, descriptions and definitions, and any pre-generated combinations of properties and test methods that produce different data formats.
The translations of the Product Data Templates, properties, test methods, entities and category names are the property of Cobuilder. The customer shall not delegate to third parties the right to use, reproduce, distribute, create derivative works of, publish, or publicly display the Product Data Template or any of its parts.

6. Rules of order

6.1 Cobuilder has a right, but no obligation, to remove or block content from the Supply Online Service that it considers in its sole discretion to be in violation of these Terms, illegal, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or contrary against any party’s intellectual property rights. Cobuilder has a right, but no obligation, to limit or revoke the user rights to the account of anyone who publishes similar content or engages in similar behaviour.

6.2 Cobuilder is not obligated to control content made public via the Supply online service and does not guarantee any content’s accuracy, integrity or quality.

You accept that Cobuilder is under no circumstances and in no way responsible for any of the content, including errors and omissions or loss or damage of any kind, that may arise from your use of the content. You agree that you must evaluate and assume all risks associated with using the content. If you want to report spam or have any other questions, please contact us at post@cobuilder.com.

6.3 If you believe that any of the available material you may find in or via the Supply online service infringes your own copyright, please contact us at post@cobuilder.com. Cobuilder will make every effort to prevent copyright infringement.

6.4 If you enter personal information about others into the Supply online service, you are responsible for obtaining consent from the person to whom the information relates so that this personal information can be used and passed on by Cobuilder and other users of Cobuilder’s systems as permitted by Cobuilder’s systems.

7. Other conditions

7.1 These Terms remain in full force and effect while using the Supply online service. The Terms will remain in effect for as long as they are applicable after you stop using the Supply online service.

7.2 You agree to indemnify Cobuilder, its parent companies, subsidiaries, associated businesses, management and employees from and against all claims, including costs and attorneys’ fees, from any third party arising out of (i) your actions while using the Supply online service, (ii ) an allegation that you or any third party using your Credentials have infringed a person’s or an organisation’s intellectual property rights or other rights or (iii) your breach of these Terms or a third party that uses your credentials.

7.3 The Supply online service is provided “as is” without guarantees of any kind regarding the use of the Supply online service, information/data/content included in the Supply online service. In the broadest interpretation according to the law, Cobuilder disclaims all guarantees. Cobuilder and its associated businesses also do not guarantee the accuracy or completeness of information/data/ content in the Supply online service. Cobuilder does not warrant that the Supply online service is available at all times in any location or that the service is error-free, free of computer viruses or other harmful components. No advice or information (whether oral or written) from Cobuilder or the Supply online service shall constitute a warranty unless expressly stated in these Terms.

7.4 Within the broadest interpretation of the law, Cobuilder cannot be held liable for direct, indirect, incidental, extraordinary, punitive or consequential damages of any kind, including, but not limited to, downtime, operational disruption and/or loss of information or data regardless of whether Cobuilder has been notified about the possibility of this.

Where the law does not allow the above disclaimer, the relevant omissions do not necessarily apply. In such a case, Cobuilder’s liability for damages or expenses is limited to the extent permitted by applicable law.

7.5 The terms, validity and performance of these terms and conditions are governed by and interpreted in accordance with Norwegian law without regard to conflicts with legal principles. Any dispute that may arise from or is related to these terms of sale and delivery is exclusively subject to an authorized court in Norway.

7.6 If any provision of these terms and conditions is held to be invalid or unenforceable by a court of law, the invalidity or unenforceability of a similar provision does not affect any other provision in these terms, and all provisions not affected by such invalidity or unenforceability remain in full force applicable