Terms of Service
Effective Date: May 1, 2026
1. Acceptance of Terms
By accessing or using the BimCon Solutions website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Description of Services
BimCon Solutions provides Building Information Modeling (BIM), 3D laser scanning, scan-to-BIM conversion, MEP detailing, digital twin development, and related professional services. Service scope, deliverables, and timelines are defined in individual project agreements executed between BimCon Solutions and the client.
3. Use of Website
You agree to use this website only for lawful purposes and in a manner that does not:
- Infringe the rights of, or restrict or inhibit the use of this site by, any third party;
- Introduce viruses, malware, or other harmful code;
- Attempt to gain unauthorized access to any part of the site or its related systems;
- Reproduce, duplicate, or exploit any portion of the site for commercial purposes without express written consent.
4. Intellectual Property
All content on this website — including but not limited to text, graphics, logos, images, data compilations, software, and BIM models — is the property of BimCon Solutions or its licensors and is protected by United States and international copyright, trademark, and intellectual property laws. Unauthorized use may give rise to a claim for damages and/or constitute a criminal offense.
5. Client Obligations
Clients engaging BimCon Solutions for professional services agree to provide accurate and complete project information, grant timely site access as required, and review deliverables within the timeframes specified in the project agreement. Delays caused by failure to meet these obligations may result in revised timelines and additional fees.
6. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of engagement. Confidential information includes, but is not limited to, project data, BIM models, point cloud datasets, pricing, and business processes. This obligation survives termination of the agreement.
7. Limitation of Liability
To the fullest extent permitted by law, BimCon Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the use of this website or our services — regardless of whether such damages are based on warranty, contract, tort, or any other legal theory.
In no event shall BimCon Solutions' total liability exceed the amount paid by the client for the specific services giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless BimCon Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising out of your use of the website or breach of these Terms.
9. Warranties & Disclaimers
This website and its content are provided on an "as is" and "as available" basis. BimCon Solutions makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, or availability of the site. Professional services are warranted solely as described in the applicable project agreement.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Minnehaha County, South Dakota.
11. Modifications
BimCon Solutions reserves the right to revise these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of the website after any such changes constitutes your acceptance of the revised Terms.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
13. Contact
Questions regarding these Terms of Service should be directed to info@bimconsolutions.com or by calling (480) 717-1928.
