Tridify Terms of Service

Tridify BIM conversion service and Tridify BIM Tools are a 3D model conversion solution provided by Tridify Oy. The solution enables the automatic conversion of architectural 3D models into a Unity end product using IFC data.

By subscribing to the Tridify service (“Service”), the customer ( “Customer”) will be bound by these Terms of Service (“Terms”) with Tridify Oy (Business ID: 2453549-9) (“Tridify”).

The Service may be used by corporate and organizational customers as well as consumers. Certain additional terms shall apply to consumers where specified.

By finalising the subscription, you hereby warrant to have the required authority to subscribe to the Service on behalf of the Customer and committing to the applicable Service Fees on behalf of the Customer.

Please read these Terms with due care. By finalising the subscription to the Service, you accept these Terms in their entirety as part of the subscription procedure. By clicking the box referring to these Terms, a binding contract is formed between the Customer and Tridify (each party is hereinafter individually referred to as the “Party” and together as the “Parties”), to which the terms set forth herein are applied.

 

Right to use the Service

Subject to due payment of the Service Fees (except in the case of Free Subscriptions) agreed between the Parties before the conclusion of these Terms as well as subject to the compliance with the Terms agreed herein, Tridify grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service during the Subscription Period for the purposes set out herein.

Unless specifically agreed otherwise, the Service may only be used by individuals aged 16 and older.

 

About the Service

Tridify’s automated workflow service consists of two parts: the BIM online conversion platform available at tridify.com and free-of-charge complementary Tridify BIM Tools for UnityEditor available at the Unity Asset Store.

Tridify’s BIM conversion service is available for the following types of subscriptions:

  • A free-of-charge subscription (“Free Subscription”) with an access to a limited number of Service features; and
  • A selection of paid subscriptions, for which the applicable Service Fees are dependent on the maximum amount of file conversions per month, the total maximum storage limit and/or the length of the chosen Subscription Period.

If not otherwise specified amount of conversions is limited to 50 /month for paid subscriptions and to 5 / month for free-of-charge subscription.

The applicable Service Fees and functionalities relating to the different Tridify subscription types are specified on Tridify’s website.

Although certain features of the Service may be provided free-of-charge, Customer agrees and acknowledges that some features of the Service will not be available in the free version. These features require payment before Customer can access them. Tridify reserves the right, in its sole discretion, to determine Customer’s eligibility for a Free Subscription and, subject to applicable laws, to withdraw or limit such right at any time without prior notice and with no liability.

 

Subscription model

The functionalities of the Service become available to the Customer through subscription to the Service and, with the exception of Free Subscriptions, after the payment of the applicable Service Fee (“Service Fee”).

Unless separately agreed between the Parties or explicitly mentioned in the service descriptions, the Customer is not entitled to receive, inter alia, customer support services, consultation services, data transfer, integration or implementation services. In case such services are included in Tridify’s service offering, Tridify shall have the right to collect the applicable fees and charges relating to these services and shall provide such services in accordance with the service descriptions.

Where Customer, prior to the termination of a subscription, requests Tridify to provide Customer Materials in a hard copy form, Tridify shall have the right to charge a reasonable fee for providing such hard copies.

 

Authorized Users

In connection with the subscription, the Customer is granted an account with a user name and a password.

Only individuals authorized by the Customer are allowed to access and use the Service (“Users”). Customer is only entitled to allow access to Users exclusively from Customer’s own organization and shall not provide access to the Service to any third parties.

Unauthorized use is strictly prohibited and the Customer shall be responsible for any unauthorized use of the Service conducted with the user names and/or passwords given to the Customer.

The Customer shall use all reasonable endeavours to prevent unauthorised access to, or use of, the Service. In the event of or if the Customer has reason to suspect any unauthorised access or use of the Service, or if any password has been revealed to a third party, the Customer shall promptly notify Tridify.

The Customer shall remove and manage the access rights to the Service when necessary, such as in case of termination of employment of an User.

 

Payment of the Service Fee

The Customer shall pay the Service Fee according to one of the payment options below.

 

Payment by credit card

Tridify uses the following third party payment service providers for facilitating credit card payments:

Stripe provided by Stripe Payments UK, Ltd. For more information about this payment method and the terms governing its use please visit the Stripe website and Stripe terms and conditions.

PayPal provided by PayPal Europe S.à r.l. Use of the PayPal payment method requires a personal PayPal account. For more information about this payment method and the terms governing its use please visit the PayPal website and the PayPal terms and conditions.

Payments of the Service Fees shall be conducted with a valid credit card by submitting the relevant credit card information, as required by the payment method, in connection with the subscription. If a payment cannot be charged successfully, due to e.g. expiration of the registered credit card or insufficient funds and the Customer does not provide valid credit card information, Tridify has the right to suspend the Customer’s access to the Service.

The applicable Service Fee for the Service will be charged from the Customer’s credit card. The date of the charging shall be defined on the basis of the billing cycle the Customer has chosen and the date of the commencement of the subscription of the Service. In some cases, the payment day may change, for example if it has not been possible to charge the Customer’s Service Fee due to insufficient funds.

 

Payment by invoices

Where separately agreed by the Parties, payment may also be made by the Customer against invoices issued by Tridify. Unless otherwise agreed, Tridify shall invoice the agreed Service Fees monthly in advance with a payment term of 14 days net from the date of invoice. Notices relating to invoices or payments hereunder shall be given in writing within 7 days from the date of receipt of the relevant invoice.

Interest on overdue payments shall accrue according to the Finnish Interest Act. The Customer shall be responsible for the reasonable costs incurred by Tridify when collecting overdue fees.

Without prejudice to its other rights, Tridify may temporarily disable the Customer’s access to the Service in the event the Customer has overdue payments in excess of 30 days.

 

Refunds

All payments made in accordance with these Terms are non-refundable.

 

Restrictions of Use

The Customer may use the Service only and strictly in accordance with these Terms.

Unless otherwise permitted in these Terms, the Customer may not:

  1. (a) circumvent or attempt to circumvent any usage control or anti-copy features of the Service;
  2. (b) probe, scan or test the vulnerability of the Service;
  3. (c) use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service;
  4. (d) use any data mining, robots, scraping, or similar data gathering or extraction methods;
  5. (e) use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content available through the Service, except as provided herein;
  6. (f) interfere with Tridify’s other customers’ use of the Service;
  7. (g) reverse engineer or decompile the Service or access the source code thereof;
  8. (h) use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation or mass messaging;
  9. (i) use the Service in violation of applicable law;
  10. (j) use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties;
  11. (k) use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.

 

General Obligations of the Customer

The Customer is responsible for ensuring that Customer’s hardware, connections, software and data systems to meet the operating environment of the Service and for ensuring that the Service fulfills the Customer’s intended purpose of use. The use of the Service requires a functioning connectivity to internet.

The Customer is responsible for all data and content the Customer enters into the Service and the validity and accuracy thereof.

The Customer shall ensure that Users use the Service in compliance with these Terms. Misuse of the Service by the Customer or any User may lead to termination of the subscription or suspension or denial of access to the Service.

 

Third Party Services

Certain functionalities of the Service may be provided by or integrated with services provided by third party service providers.

Tridify shall not be liable to the Customer for any direct or indirect damages arising from Customer’s use of third party services. In addition, Tridify shall not be liable for interruptions to the availability of the services provided by third parties.

These Terms exclusively cover the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their terms of service or other terms or licenses. Tridify does not assume any liability in regard to use of such third party services and platforms, whether or not they are linked to the Service.

When downloading the Service or a part thereof via the Unity Asset Store, the Asset Store Terms of Service shall also apply to Customer.

 

Customer Data and Customer Materials

In connection with the use of the Service the Customer or Users may enter various data (“Customer Data“) and materials such as 3D model files (“Customer Materials”) into the Service.

The Customer shall have the right to delete the Customer Data and Customer Materials from the Service at any time. The ownership and title to the intellectual property rights and Customer Data and Customer Materials shall belong to the Customer and the Customer shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data and Customer Materials.

Customer hereby grants Tridify the right to store Customer Data and Customer Materials submitted by the Customer to the Service. Tridify undertakes to store Customer Data and Customer Materials of paid subscriptions in an encrypted form.

In case of paid subscriptions, Tridify undertakes not to access or view Customer Materials, unless requested to do so by Customer, or unless Tridify has reasonable grounds to believe that such Customer Materials are in violation of these Terms, or unless access is necessary due to a security threat or mandatory legal obligation.

Tridify shall have the right to generate and collect anonymous usage data and statistics from Customers use of the Service for updates and development of the Service collecting.

Customers using a Free Subscription of Tridify’s BIM online conversion platform also hereby grant Tridify a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to commercially exploit, use, distribute, modify, display, and create derivative works based on Customer Materials.

The Customer shall ensure that Customer Data and Customer Materials do not infringe any third party intellectual property rights or violate any applicable laws or legislation. Customer shall not upload any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate data, materials or content to the Service.

Tridify shall have the right, but shall not be obliged to, monitor Customer Data and Customer Materials in order to ensure compliance with the terms of these Terms. In case Tridify believes, in its reasonable opinion, that any Customer Data or Customer Materials violate these Terms, intellectual property rights or any applicable law, Tridify shall have the right to delete such content.

 

Personal Data

Tridify may collect and process data, including personal data, in relation to Customer’s subscription and Customer’s and Users’ use of the Service, such as contact details, payment information, and identification data on Customer and Users. Tridify processes personal data in accordance with its Privacy Policy in force from time to time.

 

Intellectual Property Rights to the Service

The Service is provided to Customer in the form of a SaaS service.

All right, title and interest in and to all copyright, patent, trademark, design right, database protection right, and any other form of statutory protection of any kind (whether registered or unregistered) and applications for any of the foregoing respectively as well as any know-how, inventions, and trade secrets in or related to the Service and thereto related documentation (including modifications, if any) and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Tridify and/or its subcontractors or licensors.

Except as expressly stated herein, these Terms does not grant the Customer any intellectual property rights in the Service and all rights not expressly granted hereunder are reserved by Tridify and its subcontractors or licensors, as the case may be.

 

Interfaces and integration tools

For the avoidance of doubt, all interfaces and integration tools relating to the Service are provided on an “as is” basis. Tridify may provide the Customer with such interfaces and integration tools as developed and implemented by Tridify from time to time. The Customer acknowledges that some interfaces or integration tools may be provided by third parties and/or may have connections or links to third party service providers’ software or systems. Tridify shall not, under any circumstances, be liable for the actions of such third parties or the parts of the interfaces or integration tools which are delivered, maintained or owned by third parties.

 

Availability

Tridify will strive to have the Service available for the Customer’s use 24 hours a day, 7 days a week (“Service Hours”) during the term of the subscription.

Notwithstanding the above mentioned, Tridify shall have the right to temporarily suspend the provision of the Service during the Service Hours in accordance with the following, without any obligation to compensate any damages or service level failures to the Customer:

Tridify shall have the right to suspend the availability of the Service for a reasonable duration, if this is necessary in order to perform installation, change or maintenance work in respect of the Service. If Tridify suspends the Service for this reason, Tridify strives to inform the Customer of the suspension and the estimated duration of the suspension in advance and strives to minimize any inconvenience resulting from the suspension.

Tridify shall have the right to deny the Customer’s access to the Service without any prior notice to the Customer, if Tridify suspects that the Customer burdens or uses the Service in a manner which may jeopardize the availability of the Service to other users. Tridify shall without undue delay inform the Customer of the reasons for such denial.

Customer acknowledges that interruptions to the availability of the Service may also occur due to no fault of Tridify, for example, in the event of data connection disruptions or interruptions to the availability of systems or components delivered by third parties.

 

Warranty and limitation of liability

Except as specifically provided under these Terms, the Service is provided “as is” and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.

Tridify shall not be liable for any indirect or consequential damages, including but not limited to loss of data, loss of business or loss of goodwill. Tridify’s total aggregate liability under or in connection with these Terms shall be limited to the aggregate service fees paid by the customer (if any) for the Service for the last 3 months preceding the occurrence for which damages are claimed.

Tridify has no other obligations or liabilities than those that have expressly been agreed upon in these terms.

This section does not limit Tridify’s statutory liability for defects or delays in the Service to consumers or statutory remedies under any applicable mandatory consumer protection laws.

 

Indemnity obligations of Customer

Customer will indemnify, defend and hold harmless Tridify and its affiliates and their respective agents, officers and employees for, from and against any and all claims, damages, costs and expenses (including reasonable legal costs) relating to Customers breach of the following provisions of these Terms:

  • Final paragraph of Section Customer Data and Customer Materials; or
  • Section Restrictions of Use.

 

Subscription Period, Term and Termination

These Terms shall enter into force immediately after the Customer has finalised the subscription to the Service and accepted these Terms as part of the subscription procedure.

The subscription shall be valid for a set duration of either one month or 12 months at a time, depending on the initial choice of Customer (“Subscription Period”). The subscription shall renew automatically at the end of each Subscription Period, unless terminated by Customer prior to such renewal. The Customer shall continue to have access to the Service and Tridify is entitled to charge the Service Fee until the end of the Subscription Period.

Both Parties may terminate these Terms with immediate effect by giving written notice thereof to the other Party, if the other Party fails to comply with these Terms and does not remedy the failure within reasonable time.

Such provisions of these Terms that are intended to survive the termination or expiry of these Terms shall however survive the termination.

Upon termination for any reason, Tridify shall not be obliged to refund any payments effected in accordance with these Terms.

After termination for any reason, the Customer shall lose its access right to the Service as soon as the notice period has ended and all Customer Materials and Customer Data created by Customer shall be deleted and shall no longer be visible in the Tridify account.

 

Force Majeure

Tridify shall not be liable for any unavailability, errors, delay or damage caused by an impediment beyond the Tridify’s control and which Tridify could not have reasonably taken into account in advance, nor the consequences of which Tridify could not reasonably have avoided or overcome. Such force majeure events shall include, if not proven otherwise, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action.

Tridify shall without delay inform the Customer in writing of a force majeure event and the ceasing of such event.

Confidentiality

Neither Party shall disclose to third parties any material or information received from the other Party and marked as confidential or which should be understood to be confidential, and shall not use such material or information for any other purposes than those stated in these Terms.

The confidentiality obligation shall, however, not be applied to material and information (a) which is generally available or otherwise public; or (b) which the Party has received from a third party without any obligation of confidentiality; or (c) which was in the possession of the receiving Party prior to receipt of the same from the other Party without any obligation of confidentiality related thereto; (d) which a Party has independently developed without using material or information received from the other Party; or (e) which is contained in Customer Materials submitted to the Service by a Customer using a Free Subscription and to which Customer has granted Tridify the license and rights specified in section Customer Data and Customer Materials.

 

Reference Use

Tridify shall be entitled to use the business relationship between Tridify and the Customer as a reference provided that the Customer has not explicitly denied such reference use.

This provision shall not be applicable to consumers.

 

Governing Law and Dispute Resolution

These Terms shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.

Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The arbitral proceedings and award shall be confidential.

Nothing in these Terms shall be deemed to limit the Parties’ rights to seek interim injunctive relief or to enforce an arbitration award in any court of law. With respect to any violation by the Customer of any intellectual property rights and/or confidential information of Tridify and/or payment obligations under these Terms, Tridify shall have the right, at its sole discretion, to seek remedies in public courts within any applicable territory.

A consumer may always institute proceedings in the district court of its domicile. As a consumer you may also refer a dispute to online dispute resolution provided by the European Commission (please see https://ec.europa.eu/odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi).

 

Changes to the Service, Service Fees or Terms

Tridify may make modifications or changes to the Service at any time at its sole discretion and without notifying the Customer thereof, provided that such changes do not materially affect the Customer or the Customer’s use of the Service.

If Tridify introduces changes materially affecting the Service, Tridify will notify the Customer thereof at least 30 days in advance in writing and the Customer is entitled to terminate the subscription of the Service in case the Customer does not accept the changes.

Tridify may, at its discretion, make changes to the Service Fees. Tridify will notify Customer of such changes at least 30 days in advance. Such changes shall not be applied during an ongoing Subscription Period.

Tridify may occasionally update these Terms. When we do so, we will also revise the ”last update” date and, in case of a material update, notify our Customers by email at least 30 days in advance. By continuing to access or use the Service after those changes become effective, Customer agrees to be bound by the revised Terms.

 

Severability and Assignability

If any part of these Terms is held to be invalid or unenforceable by any court, tribunal or other authority having jurisdiction, this shall not affect the validity or enforceability of the rest of these Terms. Instead, these Terms shall be construed and interpreted so that its effect shall remain as close as legally possible to the effect it would have had without such invalidity or unenforceability. Neither Party may assign these Terms or any rights or obligations hereunder without the prior written consent of the other Party. Tridify may, however, assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets without the prior consent of Customer.

 

Disclaimer for EU Consumers

Registering for a paid subscription grants you immediate access to the Service. You may change your mind, cancel your Subscription and receive a full refund of the Service Fees within 14 days starting from the day you sign-up for the Service, provided that you have not accessed the Service during this time.

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