Terms and Conditions

SIVAR S.A.S., a company incorporated in accordance with Colombian regulations, domiciled in the city of Medellín, identified with tax identification number 901.292.678-3, provides you access to its BiimHub platform, which you can access through the website biimhub.com. This document contains the terms and conditions under which you may access or use said platform and/or website.

It is important that you carefully read these terms and conditions before accessing or using the platform and/or the website owned by SIVAR S.A.S., since by accessing, browsing, or using them, you declare that you have the capacity to be bound by them and that you accept this document in its entirety. Acceptance of the provisions set forth in this document constitutes a legally binding agreement between you and SIVAR S.A.S. Therefore, if you do not agree with what is stated in this document, you must refrain from accessing or using the platform and/or website owned by SIVAR S.A.S.

BiimHub is a SaaS platform focused on providing BIM services for validation, integration, and capture of primary information throughout the entire asset lifecycle. During the delivery stages of each phase of the asset lifecycle, emphasis is placed on validating the information contained in construction models (BIM) by comparing the data with information criteria defined in national, international standards or those defined by each client.

The results of this validation or auditing process, in most cases, are obtained in less than 30 minutes, allowing timely feedback to the different stakeholders of the project. However, this time is estimated and does not constitute a guarantee, as processing may vary depending on the size of the model, the density of the information, and other specific factors of the project. To ensure efficient analysis, it is recommended that individual models do not exceed 200 MB, following best practices in modeling, federation, and structuring of information.

Additional capabilities in BiimHub are related to system integration for operation and maintenance, as well as field data capture through artificial intelligence.

Users of BiimHub, and therefore able to access its services, may be all natural or legal persons who, through their representative or an authorized person, have acquired a license to access the platform.

SIVAR S.A.S. makes available to its clients three types of licenses to access the platform, which can be consulted at biimhub.com. The prices of each of these licenses will be provided by any of the commercial advisors of SIVAR S.A.S., who can be contacted via email at comercial@biimhub.com and/or by phone at (+57) 3128039189.

According to their needs, each client may choose between two payment options: monthly or annual payment.

SIVAR S.A.S. reserves the right to modify the forms of user affiliation at any time, at its discretion. This includes, but is not limited to, their characteristics and features, pricing, duration, among other aspects.

SIVAR S.A.S. is able to offer certain individuals or legal entities interested in trying the service the possibility of acquiring one of the available licenses free of charge for a limited period of time, in exchange for: (i) feedback on their experience using the platform and (ii) authorization to be mentioned to third parties as a client of the platform. To request this trial period, interested parties must contact via email (comercial@biimhub.com) and/or by phone (+57) 3128039189.

Once the trial period has ended, and if the user does not wish to continue using the platform, all information uploaded to the system will be permanently deleted, with no possibility of recovery.

All natural or legal persons who, through their representative or an authorized person, wish to acquire a BiimHub license may do so through any of the commercial advisors of SIVAR S.A.S., who can be contacted via email at comercial@biimhub.com and/or by phone at (+57) 3128039189.

The commercial advisor will be responsible for generating a code so that users can begin the purchase and registration process on the platform.

During this registration, the following requirements must be met:

1. • The data provided must be accurate and truthful. If your data changes after being provided, you must update it immediately in the system. It is important to note that you will be responsible for any damages caused by the inaccuracy of such data.

   • Before providing such data to the system, you must have read the privacy notice and the personal data protection and processing policy of SIVAR S.A.S., which are available for consultation at biimhub.com, and have authorized the processing of your data in accordance with those documents.

   • If you register in the system on behalf of a legal entity or a third party, you guarantee that you have the authorization of such person to do so. Otherwise, you must personally assume responsibility for the obligations undertaken under these terms and conditions.

   • If SIVAR S.A.S. considers it necessary, you may be required to provide supporting documentation to verify the accuracy of the data you provided. If you fail to provide such support within a reasonable time or if, after review, the information provided during your initial registration is found to be false or inconsistent with reality, SIVAR S.A.S. may cancel your account, disable it, or restrict your access to the system at its discretion.

   • Once registered, you must maintain the confidentiality of your login credentials and take appropriate security measures to prevent unauthorized access to your account. Please note that any damages resulting from actions carried out through your account, even by third parties, will be your responsibility. Therefore, if you detect possible unauthorized access to your account, you must immediately notify SIVAR S.A.S. so that the necessary measures can be taken to prevent further harm.

Once the data has been provided and the payment has been made, an electronic invoice will be generated in the name of the individual or legal entity acquiring the license.

Payment of this invoice may be made via bank transfer, manually, based on the instructions provided by SIVAR S.A.S., or through a payment platform called “Wompi,” which allows you to cover the indicated fees through transactional payments using credit or debit cards, PSE bank debit, cash payments, or bank payments. Accordingly, payments made through this platform will be subject to Wompi’s terms and conditions and privacy policies, which can be consulted on its website at the following link: https://wompi.com/es/co. SIVAR S.A.S. shall not be responsible for security failures or errors that may occur when making payments through this platform.

If, when acquiring a license, you choose automatic debit for renewal payments, a pre-invoice will be sent a few days before the previously paid period expires. On the invoice due date, the payment platform will process the new charge for renewal using the credit card provided. It will be your responsibility to keep this information updated to avoid payment rejections. If payment is not received by the due date, SIVAR S.A.S. will be required to immediately disable access to the platform and permanently delete all data and documents associated with your account after thirty (30) days from that due date.

If you did not choose automatic debit, you must make the payment manually by the due date of the pre-invoice. Failure to do so will also result in immediate suspension of access and permanent deletion of your data after thirty (30) days from the due date.

If payment is made late, within thirty (30) days after the pre-invoice due date, the information stored on the platform will not be lost. However, to continue using the platform, full payment must be made from the pre-invoice issuance date.

After thirty (30) days from the due date, since the information will be permanently deleted, you will need to restart the license acquisition process from the beginning to use the platform again.

When you authorize automatic debit for plan payments, it will be carried out indefinitely and will only stop once you explicitly inform SIVAR S.A.S. that you wish to cancel your license or account.

When making any payment to SIVAR S.A.S., you will be required to provide certain personal or corporate information to issue the corresponding electronic service invoice. Providing this information is mandatory; otherwise, you will not be able to access the requested services. The invoice will be issued according to the license billing cycle and sent to the email address provided during registration. Please note that you must assume any applicable taxes and withholdings required by law.

If you exhaust the functionalities of your current license and wish to continue using them, you must acquire a license with higher features.

SIVAR S.A.S. may disable or cancel your account when any of the following circumstances are identified:

• That the data you provided to the system is false, erroneous, confusing, or incorrect

• That you have failed to comply with any requirement for registration in the system.

• That you have breached any of the obligations established in these terms and conditions.

• That you have used your account to carry out illegal operations or actions that put the security of others at risk.

• That you have used your account to carry out activities that violate morality, good customs, or good faith.

• That you have not accessed your account for one year.

Likewise, SIVAR S.A.S. may cancel your account if you request it, provided that you do not have pending obligations or commitments.

You should be aware that account cancellation means you will no longer have access to the online software and that all data and documents stored in the platform, linked to your account, will be permanently deleted. In this regard, any damage resulting from the cancellation of your account will be your sole responsibility, and SIVAR S.A.S. will not assume any liability.

Before starting to validate the information contained in construction models (BIM), based on defined standards, you must configure the platform as follows:

• Storage Configuration

BiimHub is integrated with Autodesk BIM360/ACC to facilitate service delivery, especially regarding storage and information repositories. Once your account has been configured with your personal or company data, you must link the BiimHub platform with your Autodesk BIM360/ACC account, which must have an active license. To do so, you will need to provide the email and password associated with Autodesk BIM360/ACC, which will be used exclusively for integration between both systems.

It is important to note that BiimHub does not store models on its servers. Through integration with Autodesk BIM360/ACC, the platform only temporarily accesses the models to read and extract the necessary information for auditing and validation purposes.

If you do not have an Autodesk BIM360/ACC account, SIVAR S.A.S. may offer alternative storage options, such as Microsoft SharePoint or other information repository solutions. However, in such cases, the validation process will require the creation of temporary copies of the models, which will be managed under strict confidentiality and data protection protocols, ensuring their deletion once the audit process is completed.

For the proper functioning of BiimHub, the user must have an adequate storage system, either through Autodesk BIM360/ACC or through alternatives offered by SIVAR S.A.S. If none of these options are chosen, the platform cannot be put into operation.

Finally, SIVAR S.A.S. is not responsible for technical failures, service interruptions, or any other issues arising from problems with Autodesk BIM360/ACC, Microsoft SharePoint, or other storage platforms used by the user. In such cases, the user must wait for service restoration by the respective provider.

• Standards Configuration

To begin using the platform, SIVAR S.A.S. provides a basic standard based on BIM methodology, adopted by a country or jurisdiction. The user may choose this standard from the catalog of countries or jurisdictions available.

If you request a standard from a country not included in the available catalog, SIVAR S.A.S. may charge an additional fee for its configuration, which will be quoted at the time of your request.

You may also customize your own standard, and the platform will give you the option to make it public for all users with an active BiimHub license. If you accept this option, the standard information will become public and may be used by third parties for their own benefit.

• Creation and Configuration of Roles

From the main user account, you can create and manage roles for secondary users, specifying the permissions assigned to each role. Once roles are created, you can invite users by entering their email address and assigned role. The user will receive an invitation email with instructions to start using their account.

• Project Configuration

Projects included in the platform must already exist in Autodesk Construction Cloud and/or in the storage repository acquired with SIVAR S.A.S. You must select the desired project and provide specific information about it. You may later edit project information and associate different disciplines with it.

SIVAR S.A.S. is not responsible if Autodesk experiences failures, system outages, or interruptions. This situation is considered external to BiimHub’s operation, and you must wait for system restoration.

• Discipline Configuration

Finally, for each project, you must select the disciplines to be audited. To do so, go to the projects module and add the disciplines to be audited.

Once these configurations are completed, you will have the necessary elements to validate the information contained in construction models (BIM) based on defined standards. It is your responsibility to carefully review that each configuration has been correctly completed to avoid unnecessary credit deductions according to your license or additional charges resulting from configuration errors.

Once all configurations have been completed, you will be able to select, in the Quality module, the models to be audited based on the defined standards. Please note that you may select multiple models at once and choose, for each model, the level of detail of the audit.

Based on the above, a request may be submitted to approve the audit of the model or batch of models in which the quality of the information needs to be evaluated. If everything is in order, it will be sent for approval to users who, according to their role, have the authority to approve it. It will be your responsibility to carefully review that each model submitted for evaluation has been properly scheduled to avoid unnecessary audit credit deductions according to your license or additional charges resulting from configuration errors.

After approval by the responsible user, in less than thirty (30) minutes, you will have the validation or audit performed by the system. The system will generate an audit report summarizing the findings. However, processing time may vary depending on the size of the model, the density of the information, and other specific project factors. To ensure efficient analysis, it is recommended that individual models do not exceed 200 MB, following best practices in modeling, federation, and structuring of information.

SIVAR S.A.S. is responsible for the validation or audit of construction models based on the provided inputs. However, it is not responsible for the information provided by users or for the configuration of projects, models, disciplines, etc. Any damage resulting from improper or uninformed use of the service will be the sole responsibility of the users, and SIVAR S.A.S. will not assume any liability.

SIVAR S.A.S. will store your information at the level of configurations, standards, and audit results created in BiimHub as long as your license remains active. Please note that BiimHub will not store your models; these will be hosted in your common data environment, from which the information will be accessed through an integration that synchronizes your account. If you allow your license to expire and do not renew it, SIVAR S.A.S. will proceed to permanently delete, thirty (30) days after its expiration, all data and documents stored on the platform and linked to your account. In this regard, any damage resulting from the deletion of such information will be your sole responsibility, and SIVAR S.A.S. will not assume any liability.

However, it is important to highlight that when Microsoft SharePoint or another platform different from Autodesk Construction Cloud is used, the validation process will require the creation of temporary copies of the models, which will be managed under strict confidentiality and data protection protocols.

SIVAR S.A.S. commits to providing technical support according to the type of license acquired and under the following terms:

For requesting support services and incident assistance, it is necessary and mandatory to send an email with the subject: “BIIMHUB Support Request” to soporte@biimhub.com.

According to the severity of the incident, SIVAR S.A.S. will carry out a prior analysis and inform you of the assigned priority level, as indicated below:

As a user of SIVAR S.A.S., you must comply with all the obligations set forth in this document and, in particular, the following:

• Read and agree to these terms and conditions.

• Read and agree to the privacy notice and the personal data processing policy of SIVAR S.A.S.

• Pagar de forma oportuna el valor de los servicios adquiridos.

• Use both the platform and the BiimHub and SIVAR S.A.S. website properly, and in this regard:

1. 1. 1. Always act in accordance with principles of morality, good customs, and good faith.
      2. Refrain from browsing or accessing the platform and/or website without proper authorization.
      3. Use the platform and/or website only for their intended purpose.
      4. Use the platform and/or website services solely for your own personal or corporate matters.
      5. Ensure that you have the necessary licenses, authorizations, and rights to use, share, and process BIM models through BiimHub. SIVAR S.A.S. assumes no responsibility for unauthorized use of models protected by third-party rights.
      6. Have the support of a professional with knowledge in BIM model auditing. SIVAR S.A.S. is not responsible for decisions made based on reports generated without human verification.
      7. Refrain from commercially exploiting or profiting from the platform and/or website services.
      8. Refrain from infringing copyright and intellectual property rights of legal documents that may be created through the platform and/or website.
      9. Refrain from bypassing or attempting to bypass security mechanisms implemented on the platform and/or website.
      10. Refrain from reducing or attempting to reduce the accessibility, usability, or operability of the platform and/or website.
      11. Refrain from uploading any damaged files or files containing viruses that may compromise the operation of the platform and/or website.
      12. Protect your login credentials and do not share them with third parties.
      13. Refrain from sharing access credentials or using third-party accounts without authorization.

• Inform SIVAR S.A.S. of any failure, irregularity, or issue that occurs on the platform or website.

• Inform SIVAR S.A.S. of any illegal or improper activity related to the platform and/or website of which you become aware.

SIVAR S.A.S. reserves the right to suspend or cancel user accounts that fail to comply with these conditions or misuse the platform.

BiimHub is a technological tool designed to evaluate construction models under predefined criteria and configurations established by the user. BiimHub does not interpret the results nor replace the professional judgment of the user or subject matter experts.

It is important to note that the platform operates under objective validation rules, meaning its analysis is based on previously defined standards. However, any additional interpretation of the results obtained depends exclusively on the user, without implying any responsibility for BiimHub or SIVAR S.A.S. In this regard, proper platform configuration and the quality of the data entered are key elements for obtaining accurate and useful results.

BiimHub is designed for professionals in the construction sector, such as BIM Managers, BIM coordinators, and other specialists with training in project auditing. The use of the platform by individuals without the appropriate technical knowledge may lead to incorrect results or misinterpretations, for which BiimHub assumes no responsibility.

Likewise, there are factors that may affect the proper functioning of the platform. For example, if a file is too large, has excessive information density, or presents versioning issues, BiimHub may not process it correctly and may generate an error. Similarly, the results of the generated reports will depend directly on the configuration and parameterization previously defined by the user. If the platform has been configured incorrectly or if a model is evaluated under the wrong discipline, the reports will reflect these errors without implying a failure in BiimHub.

Regarding its impact on the industry, the results obtained through the platform should not affect construction development but rather optimize efficiency and improve compliance with standards. However, in some contracts, validation of these standards may be mandatory. It is the user’s responsibility to verify whether the generated reports meet the requirements of their contracting party, as BiimHub assumes no responsibility for contractual non-compliance arising from the use of the platform.

SIVAR S.A.S. is not responsible for business dealings involving third parties or for any damages that may arise from the use of the platform, such as loss of business opportunities, loss of profits, direct damages, or sanctions imposed by authorities as a result of decisions based on the generated reports.

It is reiterated that all reports generated by BiimHub must be validated by an expert professional before being used for decision-making. This review will confirm that the platform has been correctly configured and that the results obtained align with the specific requirements of the project.

This emphasizes that BiimHub is a support tool for the management of construction models, whose effectiveness depends on proper use and configuration by the user.

Regarding operational aspects, although SIVAR S.A.S. will always strive to maintain the functionality of its online software and/or website, it does not guarantee that failures or errors will not occur at any given time that may cause suspension or interruption of the service, as there may be events beyond the control and responsibility of SIVAR S.A.S. In this sense, users release SIVAR S.A.S. from any liability arising from service suspension or interruption due to force majeure or third-party causes, such as, but not limited to: (i) internet coverage issues at the user’s location; (ii) issues related to the user’s browsing software; (iii) problems with the user’s devices; (iv) issues caused by viruses, hackers, or any other harmful mechanisms affecting the system; among others.

Additionally, SIVAR S.A.S. clarifies that during system updates and maintenance activities, the service may be temporarily suspended or interrupted. This does not constitute a breach of the contractual relationship between SIVAR S.A.S. and its users. Furthermore, any damages arising from such suspension or interruption will not generate liability for SIVAR S.A.S.

BiimHub is designed to optimize and streamline the validation, integration, and capture of information in BIM models, following standards and best industry practices. However, compliance with specific regulations in each country or jurisdiction is the sole responsibility of the user.

SIVAR S.A.S. does not guarantee that the analyses and reports generated by BiimHub are sufficient to comply with local, national, or international regulations applicable to construction projects, BIM regulations, public procurement, or any other legal requirement. Therefore, the user must ensure that the results provided by BiimHub are reviewed by professionals with technical and regulatory knowledge and, if necessary, supplemented with other verification mechanisms.

Likewise, SIVAR S.A.S. assumes no responsibility for sanctions, contractual breaches, economic losses, or any other consequences resulting from the use of reports generated by BiimHub within the context of regulations or standards applicable to each project.

All content that is part of the BiimHub platform and/or website is the property of SIVAR S.A.S. and is protected under Colombian laws on copyright, intellectual property, and industrial property. Any use of such content must be expressly authorized by SIVAR S.A.S.; otherwise, you will be incurring a violation of Colombian regulations, which may result in legal consequences.

Before completing the registration you carry out on the SIVAR S.A.S. website and/or online software, for the creation of your account or that of the company you represent, the system will request your authorization so that SIVAR S.A.S. may process your personal data. By granting your authorization, you enable SIVAR S.A.S. to collect, use, and process the personal data you provide and those you subsequently supply to the system, in accordance with the privacy notice and the personal data protection and processing policy of SIVAR S.A.S., which you may consult at the following links: https://biimhub.com/aviso-de-privacidad/ and https://biimhub.com/politicas-de-tratamiento-de-datos/.

The authority responsible for the protection of personal data in Colombia is the Superintendence of Industry and Commerce. If you identify any misuse of your personal data by SIVAR S.A.S., you may contact this authority. Likewise, you may turn to it for the protection of your rights as a consumer.

SIVAR S.A.S. reserves the right to modify these terms and conditions at its discretion, at any time. Any changes will be notified through their publication on the platform and/or website or by any other appropriate means. If, after such publication, you continue using the platform and/or website of SIVAR S.A.S., it will be understood that you have expressly accepted the modifications. If you do not agree with the changes, you may request the cancellation of the services.

If any provision of these terms and conditions is declared ineffective, invalid, or void, this will not affect the validity of the remaining provisions contained herein.

If you have any concerns, please contact SIVAR S.A.S., taking into account the following information:

• Contact: Carlos Augusto Gallego Salazar 

• Phone: (+57) 3128039189

• Email: info@biimhub.com