Terms and Conditions

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Software Terms and Conditions

1. Introduction

These Terms and Conditions ("Agreement") govern the use of this ("Software"), developed by BIMslify (ABN: 31 323 486 014), a sole trader business operating in Australia ("Company," "we," "us," or "our"). By installing, accessing, or using the Software, you agree to these terms. If you do not agree, do not install or use the Software.

2. License Grant

2.1 Trial License

We grant you a non-exclusive, non-transferable, revocable license to use the Software for a 30-day trial period from the date of Activation ("Trial Period"). To continue using the Software after the Trial Period, you must purchase a valid subscription license.

2.2 Subscription License

A valid subscription grants you access to the latest software releases and updates at no additional cost, provided you comply with the applicable subscription terms and conditions. You may cancel your subscription at any time; however, access to the software and its benefits will continue until the end of the current billing cycle. Refunds or prorated credits for unused portions of the subscription term are not provided unless required by law.

2.3 Full License & Activation

License activation requires a valid license key issued by us. License validation is handled an internet connection at least once every 24 hours. The license key is stored locally on your device and checked upon software launch.

3. License Restrictions

You agree that you will not:

• Share, transfer, or distribute your license key.
• Modify, reverse-engineer, decompile, or disassemble the Software.
• Circumvent or attempt to bypass license validation.

4. License Verification & Compliance

The Software periodically checks your license validity. If a license is found invalid, expired, or revoked, access may be restricted or disabled.

5. Device Identification & License Binding

To prevent unauthorized use, the Software collects and stores a PC fingerprint (a unique hardware identifier) during activation. The PC fingerprint may include a combination of hardware identifiers, such as CPU ID, motherboard ID, or network adapter ID.

The license is bound to the collected PC fingerprint and cannot be transferred without Company approval.

If major hardware changes occur, you may be required to reactivate the license or contact support for assistance.

The PC fingerprint is used solely for licensing purposes and is not shared with third parties.

6. Refund Policy

6.1 Trial and Refund Eligibility

We offer a 30-day free trial so users can evaluate the Software before purchasing. Because of this, we generally do not offer refunds for purchased licenses.

6.2 Refund Exceptions

Refunds may be considered under the following circumstances:

• You purchased multiple licenses by mistake.
• The Software has technical issues that prevent core functionality, and our support team cannot resolve them within 7 business days.
• The charge was unauthorized or fraudulent (proof required).
• In accordance with Australian Consumer Law (ACL), you may be entitled to a refund if the Software fails to meet consumer guarantees and  cannot be fixed within a reasonable time.

6.3 Refund Request Process

To request a refund, contact bimslify@gmail.com with your purchase details and reason for the refund. Refunds are processed within 7-14 business days, depending on your payment provider. If approved, your license will be revoked immediately.

6.4 Subscription Cancellation & Refunds

• You may cancel your subscription anytime.
• If canceled, your access continues until the end of the billing/subscription period (no partial refunds).
• If a billing error occurs, contact support within 3 days of the charge.

7. Fair Digital Purchase Terms

7.1 No Unauthorized Sharing

• A purchased license is for one user only, unless stated otherwise.
• Shared, resold, or transferred licenses may be revoked without refund.

7.2 Chargebacks & Disputes

• Chargebacks filed without first requesting support or a refund may result in license suspension.
• We reserve the right to disable access if a payment is disputed without valid cause.

7.3 Pricing & Promotions

• Prices are subject to change, but existing subscriptions will retain their pricing until renewal.
• Promotional discounts cannot be retroactively applied to prior purchases.

8. Updates & Support

• Updates, bug fixes, or new features may be released periodically.
• Support is available for active licenses via bimslify@gmail.com.

9. Intellectual Property Rights

• The Software and all associated materials remain the exclusive  property of the Company.
• Purchasing a license does not grant ownership—only the right to use the Software.

10. Privacy & Data Usage

• The PC fingerprint collected for licensing purposes is used only for activation and validation and is not used for tracking or advertising.
• We do not collect personal data beyond what is required for activation.
• We comply with Australian privacy laws, including the Privacy Act 1988, ensuring responsible handling of user data.

11. Disclaimer of Warranties

• The Software is provided "as is" without warranties of any kind.
• We do not guarantee uninterrupted operation or error-free performance.
• We are not responsible for service interruptions due to external factors such as internet outages, third-party service failures, or force majeure events.

12. Limitation of Liability

• To the maximum extent permitted by Australian law, we disclaim liability for indirect, incidental, or consequential damages resulting from Software use.
• Our liability shall not exceed the amount paid for the license.
• Nothing in these terms limits consumer rights under the Australian Consumer Law.

13. Indemnification

You agree to indemnify and hold harmless BIMslify from any claims, damages, or liabilities arising from misuse of the Software or violation of these Terms.

14. Dispute Resolution

• We encourage good-faith negotiations to resolve disputes before seeking arbitration.
• If unresolved within 30 days, disputes shall be submitted to arbitration in New South Wales, Australia, in accordance with Australian laws.
• Alternative Dispute Resolution (ADR) methods, such as mediation, may be considered before arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

16. Contact Information

For any questions or support, contact us at: Email: bimslify@gmail.com