Terms of Service

Last updated: January 15, 2025

Introduction

Welcome to Frame. These Terms of Service (“Terms”) govern your use of our BIM analytics platform, including our website, web application, APIs, and related services (collectively, the “Service”) operated by Frame (“we,” “us,” or “our”).

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

Our Service is designed for business and professional use. You must be at least 18 years old and have the legal capacity to enter into these Terms.

1. Account Terms

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

  • Maintaining the security of your account and password
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use
  • Ensuring your account information remains accurate and up-to-date

You may not:

  • Use our Service if you are under 18 years old
  • Create accounts using automated means or false pretenses
  • Share your account credentials with others
  • Use another user’s account without permission

2. Subscriptions

Billing and Renewal

  • Subscriptions are billed on a recurring monthly or annual basis
  • Your subscription will automatically renew unless cancelled
  • You authorize us to charge your payment method for renewal
  • Renewal charges occur at the beginning of each billing period

Cancellation

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • You retain access to paid features until the end of your billing period
  • No refunds are provided for partial billing periods

3. Free Trial

We may offer a free trial period for new users. During the free trial:

  • You have access to premium features as specified
  • No payment information is required unless stated otherwise
  • The trial automatically expires after the specified period
  • You may upgrade to a paid subscription at any time
  • Free trial eligibility is limited to one per user or organization

4. Fee Changes

We reserve the right to modify our subscription fees. In case of fee changes:

  • We will provide at least 30 days advance notice
  • Notice will be sent to the email address associated with your account
  • Changes take effect at the start of your next billing period
  • Continued use after the change constitutes acceptance of new fees
  • You may cancel your subscription if you disagree with the changes

5. Refunds

Our refund policy is as follows:

  • Monthly subscriptions: No refunds for partial months
  • Annual subscriptions: Pro-rated refunds may be available within 30 days
  • Service credits may be issued for service disruptions
  • Refunds are processed using the original payment method
  • Disputed charges should be reported within 60 days

6. Content and Data

Your Content

File Processing: We do not store your original design files (such as .rvt, .nwd, .ifc files) or report files you generate. Original files are securely processed through third-party services to generate derivatives and extract data for analysis. Reports you create are your property and remain under your control. We only store report templates as our intellectual property.

You retain all rights to the BIM data, models, and content you upload to our Service (“Your Content”). By uploading Your Content, you grant us:

  • A license to process and display derivatives of Your Content to provide the Service
  • Permission to create derivative works (analytics, visualizations) from processed data
  • The right to store and backup processed derivatives and extracted data
  • Authorization to share processed derivatives with service providers as necessary for Service provision

Report Ownership: All reports you generate using our Service are your property. We retain ownership only of report templates, which constitute our intellectual property.

Content Responsibilities

You are responsible for Your Content and must ensure that:

  • You have the right to upload and use the content
  • Your Content does not infringe on third-party rights
  • Your Content complies with all applicable laws
  • Your Content does not contain malicious code or viruses

Our Content

The Service, including its original content, features, and functionality, is owned by Frame and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our Service without permission
  • Reverse engineer or attempt to extract source code
  • Create derivative works based on our Service
  • Use our trademarks without written consent

7. Prohibited Uses

You may not use our Service to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code, viruses, or harmful data
  • Engage in unauthorized data mining or scraping
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any portion of the Service
  • Harass, abuse, or harm other users
  • Create multiple accounts to evade restrictions
  • Use the Service for competitive analysis without permission
  • Resell or redistribute the Service without authorization

8. Analytics and Privacy

We collect and use data as described in our Privacy Policy. Additionally:

  • We may collect aggregated, anonymized usage data
  • Analytics help us improve the Service and user experience
  • We do not sell your personal information to third parties
  • You can request deletion of your data subject to legal requirements
  • We do not use your data to train AI models
  • We do not provide your data to third-party AI services for training purposes

9. Intellectual Property

Frame’s Rights

All intellectual property rights in the Service, excluding Your Content, belong to Frame. This includes:

  • Software code and architecture
  • User interface designs and graphics
  • Logos, trademarks, and branding
  • Documentation and training materials
  • Analytics algorithms and methodologies

Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property. We may use this feedback without compensation or attribution.

We respect intellectual property rights and expect users to do the same. If you believe content on our Service infringes your copyright:

  • Contact us with a detailed description of the alleged infringement
  • Provide proof of ownership or authorization
  • Include your contact information and a statement of good faith
  • We will investigate and take appropriate action

Repeated copyright infringement may result in account termination.

11. API Terms

If you use our APIs, you agree to:

  • Use APIs only for authorized purposes
  • Comply with rate limits and usage restrictions
  • Not attempt to circumvent API limitations
  • Maintain the security of your API credentials
  • Not sublicense API access without permission

We may modify, suspend, or discontinue APIs with notice when possible.

12. Third-Party Services

Our Service integrates with third-party services including:

  • Autodesk Platform Services for file processing
  • Stripe for payment processing
  • Vercel for hosting and analytics
  • Supabase for authentication
  • OpenAI for AI analytics
  • Microsoft Power BI for business intelligence
  • Turso for data management

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party service availability or performance.

File Processing: Third-party services are used to process your uploaded files and generate derivatives for analysis. Original design files and your generated reports are not stored by us - only processed derivatives and extracted data.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of the Service
  • Uninterrupted or error-free operation
  • Security or data protection guarantees
  • Results obtained from using the Service

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Frame shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount paid by you in the twelve months preceding the claim
  • We are not liable for loss of profits, data, or business opportunities
  • These limitations apply regardless of the legal theory

15. Indemnification

You agree to indemnify, defend, and hold harmless Frame, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content uploaded to the Service
  • Any damage caused by your actions or negligence

16. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Illegal or harmful activities
  • Non-payment of fees
  • Prolonged inactivity
  • Request by law enforcement

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your account and data after a retention period
  • You remain liable for any outstanding fees
  • Provisions that should survive termination will remain in effect

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

  • Good faith negotiation
  • Mediation if negotiation fails
  • Binding arbitration as a last resort
  • Small claims court for qualifying disputes

18. Changes to Terms

We reserve the right to modify these Terms at any time. When we do:

  • We will notify you via email or prominent notice on the Service
  • The “Last updated” date will be revised
  • Changes become effective 30 days after posting unless urgent
  • Continued use constitutes acceptance of modified Terms

19. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter with us, constitute the entire agreement between you and Frame.

Waiver and Severability

Our failure to enforce any provision shall not constitute a waiver. If any provision is found unenforceable, the remaining provisions will continue in effect.

Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any successor or acquirer.

Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, wars, or pandemics.

20. Acknowledgement

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. You also acknowledge that these Terms may be updated from time to time and that it is your responsibility to review them periodically.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: contact@bimframe.com

Response Time: We aim to respond to all terms-related inquiries within 30 days.