Terms and Conditions

Last updated: 31 October 2026

Only the German text is legally binding, in every country. Any other language version is a translation and serves only to aid understanding. Where it differs from the German text, the German text applies.

1. Scope and Parties

These Terms and Conditions (“Terms”) govern the use of our website at bimover.ch and its subdomains, and the use of our software.

Our software falls into two groups, and much of what follows applies to one group only:

Paid Products: software licensed against payment, currently Cloya, Locus, Filum, Orthera and Tessera. These are professional tools for the architecture, engineering and construction industry.
Free Apps: software we publish at no charge, currently Cuolma, Vadum, the support app bimover and CloyaBridge. A Free App costs nothing and is not sold. Only the support app requires a bimover account; what each Free App needs is set out in Section 3.2. Cuolma, a tour planning app for the mountains of Switzerland and the Principality of Liechtenstein, and Vadum, a weather briefing for private pilots, are not part of our professional offering and have no connection to the AEC business around Cloya, Locus, Filum, Orthera and Tessera. The support app and CloyaBridge serve work with our Paid Products.

“Products” means both groups together.

Where each app’s own texts are

Most apps have their own privacy page, because every app has its own exceptions; the support app and CloyaBridge are covered by the general Privacy Policy. These Terms cover the contract; the app page covers what the app does with data. Where an app page and a general text could be read differently, the app page wins for that app: it is the more specific text and the one written for it.

App	Privacy	Licence	Sections here that are about this app
Cloya	Cloya Privacy	these Terms; Apple’s standard EULA for the Apple versions	3.3
Locus	Locus Privacy	these Terms and the Locus Licence Terms, one per building project	4.1, 6
Filum	Filum Privacy	these Terms; licences per licence year, each for the member it is assigned to, with at most three mailboxes at a time; Apple’s standard EULA for the App Store download	2, 3, 3.3, 4.1, 5.1, 6, 8.1, 8.2, 11.1
Orthera	Orthera Privacy	these Terms; licences per licence year, each for the member it is assigned to	2, 3, 4.1, 5.3, 6, 7
Tessera	Tessera Privacy	these Terms; licences per licence year, each for the member it is assigned to	2, 3, 4.1, 5.4, 6, 7
Cuolma	Cuolma Privacy	Apple’s standard EULA; plus the limit in Section 3.2 (private tours only)	1.1, 2, 3.2, 3.3, 7, 9, 10, 11, 12, 13
Vadum	Vadum Privacy	Apple’s standard EULA; plus the limit in Section 3.2 (private flights only)	1.1, 2, 3.2, 3.3, 7, 9, 11, 12, 13
bimover (support app)	Privacy Policy	these Terms	1.1, 2, 3.2, 7, 9, 9.1, 9.2, 11, 12, 13
CloyaBridge	Privacy Policy	these Terms	1.1, 2, 3.2, 7, 9, 11, 12, 13

The last column is a reading aid: nobody should have to read a contract end to end to find the parts that concern them. For a Free App it lists every further Section that governs Free Apps or names the app, except Sections 4 to 6: these apply to Paid Products only. For a Paid Product it lists the Sections with its most important rules of its own. Whatever no Section limits to one app or one group applies to all Products alike.

Filum is a Paid Product, even though the app itself costs nothing. You download Filum from an app store at no charge. The app shows no price and contains no purchase. What you pay for is the licence, and you buy it on bimover.ch. A free download does not make Filum a Free App, and the rules for Free Apps in Section 3.2 do not apply to it. It is for that reason that Filum is not in the table of Free Apps in Section 3.2, although its download costs nothing.

Anyone can download Filum. We license it to business customers only, as set out in Section 1.1.

Provider and contracting party:

bimover GmbH
Hammer 19
5000 Aarau
Switzerland
UID: CHE-132.862.302
Managing Director: Michael Huber
Email: support@bimover.ch

By creating an account, subscribing, or using a Product, you agree to these Terms.

1.1 Who our offering is for

Paid Products are directed exclusively at businesses, self-employed professionals, public bodies and other organisations acting in a professional capacity (B2B). They are not directed at consumers.

Free Apps may be used by anyone, including consumers. Where a consumer uses a Free App, the mandatory consumer law of the country the consumer lives in prevails over these Terms so far as it gives more than they do. This applies wherever the consumer lives; the choice of Swiss law in Section 13 does not change that. Swiss law otherwise remains the chosen law and gives the content control of Art. 8 UWG (Section 11). Which court a consumer can go to is set out in Section 13.

Swiss law provides no general right of withdrawal for contracts concluded online. The statutory right of withdrawal under Art. 40a ff. CO covers door-to-door and telephone contracts; our contracts are concluded on our website and are therefore not covered by it.

1.2 Use of the website

You may use the website for lawful purposes, including obtaining information about our Products, subscribing, and contacting support. You may not misuse the website, interfere with its technical operation, attempt unauthorised access, or create unreasonable technical load through automated methods.

2. Contract, Account and Activation

You subscribe on bimover.ch. The contract for a subscription is concluded directly with bimover GmbH; we are the seller and issue the invoice.

Free Apps require no contract of this kind and no payment; Section 3.2 applies to them. Of these, only the support app needs a bimover account. Access to paid features requires a bimover account. You sign in to the Products with that account (Sign in with Apple or Microsoft). Activation is automatic once payment is confirmed. We do not send licence keys.

Filum licences are bought on this website, never in the app. You sign in to Filum with Microsoft, and the same sign-in both fetches the mail Filum archives and connects your bimover account. If you created your bimover account with Sign in with Apple, link the two once in your bimover account before the first run. If your organisation only admits outside applications after approval, your Microsoft administrator approves Filum once; the app shows the link for that when a sign-in fails for that reason.

Filum licences are bought by an organisation: it holds the licences and receives the invoice, and whoever runs it assigns the licences to its members (Section 5.1).

Orthera licences are bought on this website, never in the add-on. Orthera shows no price and contains no purchase. Orthera licences are bought by an organisation: it holds the licences and receives the invoice, and whoever runs it assigns the licences to its members (Section 5.3).

Tessera licences are bought on this website, never in the add-on. Tessera shows no price and contains no purchase. Tessera licences are bought by an organisation: it holds the licences and receives the invoice, and whoever runs it assigns the licences to its members (Section 5.4).

You are responsible for keeping your sign-in credentials confidential and for the use of your account. If a subscription covers several users, you are responsible for ensuring that each user complies with these Terms.

3. Products and Tiers

Cloya is offered as a licence per person and year, in tiers (currently Free, Basis and Voll). Each tier includes a defined set of features; the current scope and prices are shown on our pricing page and in the Cloya handbook. Participating in shared sessions hosted by someone else is free and does not require a paid tier.

Nimbus Pass is a one-off, time-limited unlock (12 hours) of the highest tier’s scope. It is not a subscription and does not renew.

Locus is licensed per building project and billed directly in Swiss francs, in three price classes based on the construction cost of the project (Small, Medium, Large), as stated by the customer. Licences are one-off purchases and do not renew.

Filum archives project email into a folder on storage you choose, for example your own NAS. It is licensed per person and licence year: the organisation buys a number of licences, and a licence applies to the member it is assigned to. With one licence, that member archives from the mailbox they sign in with and from up to two more, so from at most three mailboxes at a time. A licence is meant for one person’s work, not for archiving a whole office. If the member removes a mailbox from Filum, it still counts until 30 days after the day it was added, after which the place is free. The current price is shown on the Filum product page. Support is included in the price; Section 9 says what that does and does not mean.

A Filum licence is a subscription. You buy it in advance, for a number of licences and for one year. The year does not start on 1 January: if you pay by card, it starts on the day of payment; if you buy on invoice, on the day of purchase. The licence renews for another year unless you end it before the current one runs out. What you pay at each renewal is the price then in force for the licences assigned at that time. Section 5.1 sets out the detail.

A run needs a valid licence. Reading an archive does not. Archives already written stay on storage of your own. We hold no copy of them, we have no access to them, and we do not lock them. Section 8.1 states this as a right.

The sample project needs no licence. Filum comes with a sample project of fictional mail, so you can see the result before you sign in. It needs no bimover account, no licence, and no access to your mailboxes.

Orthera is an add-on for Archicad for quality control of building models. It shows how far elements deviate from a right angle and, on request, brings them back to a right angle. It is licensed per person and licence year: the organisation buys a number of licences, and a licence applies to the member it is assigned to. The current price is shown on the Orthera product page.

An Orthera licence is a subscription. You buy it in advance, for a number of licences and for one year. If you pay by card, the year starts on the day of payment; if you buy on invoice, on the day of purchase. The licence renews for another year unless you end it before the current one runs out. What you pay at each renewal is the price then in force for the licences assigned at that time. Section 5.3 sets out the detail.

A check needs a valid licence. Your model does not. What Orthera has changed in the model, and the exceptions in it, stay as they are, even when the licence ends.

Tessera is an add-on for Archicad. It exports the 3D model to further file formats. It is licensed per licence and licence year: the organisation buys a number of licences, and a licence applies to the member it is assigned to. The rate is graduated like a tax scale, so each rate applies only to the licences in its own band. The current rates are shown on the Tessera product page.

A Tessera licence is a subscription. You buy it in advance, for a number of licences and for one year. If you pay by card, the year starts on the day of payment; if you buy on invoice, on the day of purchase. The licence renews for another year unless you end it before the current one runs out. What you pay at each renewal is the rate then in force for the licences assigned at that time. Section 5.4 sets out the detail.

An export needs a valid licence. What has been exported does not. Exported files stay with you, even when the licence ends.

3.1 Changes to features

We continuously develop the Products. We may add, change or discontinue individual features, in particular for legal, security, technical or product reasons. Where a change materially reduces the scope of a paid tier or licence, we inform affected customers in advance; if the reduction is substantial, you may terminate the affected subscription with effect from the date the change takes effect.

Where a licence has been paid for a fixed term, terminating it is no remedy. If a change materially reduces what such a licence covers before its term has run out, write to support@bimover.ch; Section 6 applies.

3.2 Free Apps

We publish some software at no charge (“Free Apps”). A Free App costs nothing, contains no purchases and no subscription, and is provided independently of any Paid Product. Only the support app requires a bimover account, and only it shows product news, which you can disable under Section 9.1. Cuolma, Vadum and CloyaBridge show no advertising. Currently:

Free App	Where you get it	What it needs
Cuolma	App Store	nothing; no account at all
Vadum	App Store	your own account at skybriefing.com, which is not ours
bimover (support app)	bimover.ch	a bimover account and an open ticket
CloyaBridge	GitHub	nothing; no account at all

You get Cuolma and Vadum from the Apple App Store. They run there under Apple’s standard licence agreement (Section 3.3), and nothing is sold there. Cuolma also asks for your consent to its terms of use on first launch and with every new version you need to agree to again; it can be used only once you agree.

We provide Free Apps as they are. We may change, limit or discontinue a Free App at any time; no claim to continued availability arises.

Cuolma is for private tours. You may use Cuolma for your own tours and for tours with friends, including within a club, as long as nobody earns money from it. Any commercial use is not permitted, meaning use for an activity through which someone earns money: for example when mountain guides, mountaineering schools or tour operators use Cuolma to plan, prepare, lead or advertise paid tours.

What you take out of Cuolma stays private too. You may not use screenshots, videos or files you create with Cuolma, such as a route with bolts and belays, commercially: not in a tour programme, not on a paid guided tour, not for sale. So a mountain guide may not explain a tour to their guests with images from Cuolma. The data of swisstopo and the SLF remain free under their own licences; this limit applies to Cuolma, its presentation and what you create with it.

Vadum is for private flights. You may use Vadum for your own flights, for flights with friends, including in a flying group or club, and for your own training as a pilot, even if you pay a flight school for it. Sharing the costs of a flight in the way private pilots are permitted to does not count as earning. Any commercial use by an operation that earns money with flights is not permitted: for example, a flight school using Vadum as a teaching tool, or a sightseeing or air taxi operation using it to plan paid flights.

A Free App is not a safety device. That sentence is not boilerplate here, because two of them are used where a wrong answer costs something:

Cuolma measures terrain and works out distances, times and the position of the sun from public swisstopo data. It does not replace an avalanche assessment, it carries no weather forecast, it does not call for help, and its times contain no reserve.

Cuolma shows the avalanche bulletin of the SLF unchanged; what counts is the bulletin as the SLF issues it. For the colouring of the terrain, what Cuolma itself says applies: the level comes from the SLF avalanche bulletin, and Cuolma works out the colouring slope by slope. For slopes outside the aspect and elevation named, Cuolma assumes one level lower, following the rule of thumb for planning described in the SLF interpretation guide. The SLF has not checked this colouring, and it does not replace an assessment in the terrain. The same applies to the marking on your tour.

Decisions in the mountains are yours.
Vadum reads the weather products of your own skybriefing.com account and says them in plain sentences. It is not an official flight preparation and does not replace one. What skybriefing.com itself issues is what counts, and the responsibility that rests with the pilot in command stays there.

Where Cuolma’s data comes from. Terrain, aerial imagery, the national map and the trails come from swisstopo, the Swiss Federal Office of Topography; swisstopo produces the ski and snowshoe routes with the Swiss Alpine Club SAC. The avalanche bulletin comes from the WSL Institute for Snow and Avalanche Research SLF, which releases its data under the Creative Commons Attribution 4.0 International licence; Cuolma names the SLF as the source, with a link to www.slf.ch and to the licence. None of them checks Cuolma or stands behind the way Cuolma presents their data. If a source fails or changes its data, Cuolma shows less or nothing; Section 9 governs that.

Cookies from swisstopo and the SLF. As with any request on the internet, a server Cuolma asks may set a cookie; Cuolma accepts it and sends it along next time. If swisstopo or the SLF set one, their own terms govern it, not these Terms. Cuolma itself sets none.

Support for Free Apps is voluntary. We read every message sent to support@bimover.ch and answer as well as we can, but we owe no response time, no answer and no fix.

3.3 Apps obtained from Apple

For an app obtained through Apple, the licence agreement is chosen per app in App Store Connect, and that choice decides what governs your licence. We have chosen Apple’s standard agreement for every one of our apps: Cuolma, Vadum, Filum and Cloya all run under Apple’s Licensed Application End User License Agreement. We provide no custom licence agreement for any of them, and nothing in these Terms replaces or overrides Apple’s.

What these Terms add is what Apple’s agreement does not say: what an app is and what we do not promise (Section 3.2 for the free ones), what Cuolma and Vadum are meant for (private tours and flights only, Section 3.2), what a paid licence covers (Sections 3, 5 and 7), and how we handle personal data (Section 10).

The points below are part of Apple’s agreement. We restate them because they decide who you are actually dealing with, and because that should not be a surprise you discover in a dispute. They apply whether you got the app from the App Store or as a pre-release version through TestFlight, and whether or not the app carries a price. Where anything elsewhere in these Terms contradicts them, they win.

These Terms are concluded between you and bimover GmbH only, and not with Apple. bimover GmbH alone is responsible for the app and its content.
Scope of licence. You receive a non-transferable licence to use the app on any Apple-branded product that you own or control, as permitted by the App Store Terms of Service, including through Family Sharing or volume purchasing.
Maintenance and support. bimover GmbH is solely responsible for any maintenance and support. Apple has no obligation whatsoever to furnish any maintenance and support services.
Warranty. bimover GmbH is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; beyond that, Apple has no warranty obligation whatsoever with respect to the app.
Product claims. bimover GmbH, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
Intellectual property. In the event of a third-party claim that the app infringes intellectual property rights, bimover GmbH, not Apple, is responsible for the defence, settlement and discharge of that claim.
Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact. Questions, complaints and claims relating to the app go to bimover GmbH, Hammer 19, 5000 Aarau, Switzerland, support@bimover.ch.
Third-party terms. You must comply with applicable third-party terms when using the app.
Apple as third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they apply to your licence of the app, and Apple has the right to enforce these Terms against you as a third-party beneficiary.

The Apple licence and a Filum licence are two different things. The licence above lets you install and run the app on Apple devices you own or control. It does not cover archive runs. Those need a Filum licence bought from us; Sections 3, 5 and 7 set out what it covers.

What Apple can refund. The warranty point above concerns the price you paid Apple for the app. For Filum that price is nothing: the download carries no price, and the licence is bought from us. A licence fee can only be refunded by us, and Section 6 applies to it.

3.4 Pre-release versions

Before an app appears in a store, and alongside a released version, we may give you a pre-release version: through Apple’s TestFlight, or as an installer we deliver to you directly.

A pre-release version is not the finished product. We provide it as it is, for testing and evaluation. It may be incomplete, it may change without notice, it may stop working when the test period ends, and we may withdraw it at any time. We owe no availability, no service level and no particular result for it, and no claim to a later release arises from it.

Do not let a pre-release version become the only place your project email exists. Leave the mail in the mailbox it came from and keep your own backups until you work with a released version.

A pre-release version does not replace a licence. What needs a licence needs one whichever way the app reached you. Where we grant a licence free of charge for a test, we say so and we say for how long; such a licence is limited in time, expires by itself, produces no invoice and gives no claim to a purchased licence.

Where the pre-release version comes through TestFlight, Section 3.3 applies to it as well, and Apple’s own TestFlight terms apply between you and Apple. Where we deliver an app to you directly, no store is involved: any updates come from us, and the contract, the licence and the payment run with bimover GmbH as described in Sections 4 to 7.

Our liability for a pre-release version is limited to damages caused intentionally or by gross negligence. Section 11 applies otherwise.

4. Prices, Payment and Invoicing

This Section 4 concerns Paid Products only. Free Apps cost nothing; see Section 3.2.

Prices are stated in Swiss francs on the page of the product concerned. What a price is measured against depends on the product: per person and licence year for Cloya, Orthera and Filum, per building project for Locus, per licence and licence year for Tessera. We are currently not registered for Swiss VAT; no VAT is shown or charged, and the price shown is the price invoiced. Should we become liable for VAT, prices will be shown accordingly from that point onwards.

4.1 Payment methods

Every payment is made by card and is processed by our payment service provider Payrexx AG (Switzerland). Payrexx processes payment data on our behalf; the contract for the subscription remains with bimover GmbH.

Payment on account is available to business customers we have unlocked for it: for Locus for the project licence, for Cloya, Filum, Orthera and Tessera for the licence term. You then receive an invoice and settle it by card through Payrexx, using the payment link on the invoice. Invoices are payable within 30 days of the invoice date unless agreed otherwise.

If the last day of a period we set for you falls on a Saturday or Sunday, the period ends on the following Monday, even if that Monday is a public holiday. No other day moves the end of a period, public holidays included; to that extent, Art. 78 of the Swiss Code of Obligations does not apply. The end of a term, a subscription or a licence year is not such a period and does not move; this also applies to notice given for that end.

We do not issue paper invoices. An invoice is a document you receive electronically and pay by card; nothing is sent by post, and no other payment channel is offered.

4.2 Recurring payments

Subscriptions are charged in advance for the chosen billing period (monthly or yearly). Where you pay by card, you authorise us and our payment service provider to charge the applicable amount for each subsequent period until the subscription ends.

A standing authorisation to charge your card exists only where the purchase page stated that the licence renews. Where a licence is bought for a fixed term without renewal, nothing is charged after that purchase.

4.3 Failed payments

If a payment fails, we may retry it and will notify you. If payment is not received within a reasonable grace period, we may suspend access to paid features until payment is completed.

4.4 App stores

Cloya is also distributed through app stores and add-in marketplaces, currently the Microsoft Teams Store and Microsoft Marketplace (AppSource). Licences are never sold through those stores. Where an app-store listing links to a purchase, that link leads to our own website (bimover.ch), where the purchase is completed with our payment service provider Payrexx AG (Switzerland) or by invoice, as described in 4.1. The contract is concluded with bimover GmbH; Microsoft (or any other store operator) is not a party to it, does not process the payment, and does not manage your licences. The free tier requires no purchase at all.

Filum is a Paid Product whose app is downloaded free of charge. Where you obtain it from an app store, on macOS through the Apple App Store and on Windows through the Microsoft Store, the download carries no price. The app shows no prices and offers no way to buy anything. Licences are never sold there. They are bought on our own website (bimover.ch), as described in 4.1, and the contract for them is concluded with bimover GmbH. A store operator is not a party to that contract, does not process the payment, and does not manage, renew or end your licence. In practice this matters in three places:

Refunds. A store refunds what you paid the store, which for the Filum app is nothing. A licence fee can only be refunded by us; Section 6 applies.
Ending the licence. You end a Filum licence in your bimover account or by writing to support@bimover.ch, as set out in Section 5. Removing the app from a device does not end the licence, and ending the licence removes neither the app nor the archives you have already written.
Support. Support for Filum is owed by us, as set out in Section 9. No store operator owes you support, maintenance or a fix.

4.5 Price changes

We may change prices for future billing periods. We announce changes at least 30 days before they take effect. If you do not accept a price change, you may terminate the subscription with effect from the date the new price would apply.

A price change does not affect a licence already paid for. For a licence bought for a fixed term, it applies to the next purchase.

When we change a price, we may decide that subscriptions already running keep their existing price. It then applies for as long as you renew the subscription without a break, that is, you pay each renewal within the period set out in section 5.1, and also to licences you add during the current year or take on in addition at renewal. If the new price is lower, the new price applies. If the subscription ends, a later purchase is at the price then in force. Whether we decide so is up to us at each price change; there is no entitlement to it.

5. Term, Renewal and Termination

Sections 5 and 6 concern Paid Products only. A Free App has no term and nothing to terminate: you stop using it, or you delete it.

Subscriptions run for the chosen billing period and renew automatically for the same period unless terminated before the end of the current period.

You can terminate a subscription at any time with effect from the end of the current billing period, through your bimover account or by writing to support@bimover.ch. Access to paid features remains until the end of the paid period; no partial refunds are made for the remaining period unless mandatory law requires otherwise.

5.1 Filum licences

A Filum licence runs for the term you bought. When the term ends, no new run starts for the mailboxes it covered. Everything already archived stays where it is and stays readable; see Section 8.1.

A Filum licence applies to the member it is assigned to. Whoever runs the organisation assigns the licences to its members and takes them back. No licence goes to a member by itself, and no member can take one for themselves. If more licences are assigned than the organisation holds, those assigned first keep their licence; the others have none until an assignment is taken back or more licences are bought.

A licence can be assigned to another member no earlier than 30 days after its last assignment. It can be taken back at any time; until the 30 days are up, only the member it was last assigned to can then get it back. If that member leaves the organisation, the licence is free again at once.

A licence covers at most three mailboxes at a time. With it, the member archives from the mailbox they sign in with and from up to two more. A licence is meant for one person’s work, not for archiving a whole office. Before a run, Filum asks us which mailboxes are covered and leaves out a fourth. If the member removes a mailbox from Filum, it still counts for 30 days from the day it was added, after which the place is free. Where we cannot be reached, the run still goes ahead for the mailboxes already covered, because a server of ours must not stop you archiving.

The licence year starts with your purchase. If you pay by card, it starts on the day of payment; if you buy on invoice, on the day of purchase. If it starts on 14 March, it runs up to and including 13 March of the following year. A renewal always follows on from the anniversary, here 14 March, and the start date stays the same.

Before each renewal we tell you what it will cost, 30 days before the licence year ends. If you buy on invoice, we send the invoice on the anniversary. If you pay by card, the notice includes the link to pay. Until the payment arrives, the licence is suspended from the anniversary; if you pay within 21 days from the anniversary, the new year still follows on from it, otherwise the licence ends. If the 21st day falls on a Saturday or Sunday, payment up to and including the following Monday is enough (Section 4.1).

You can end it at any time, in your bimover account or by writing to support@bimover.ch. Ending it stops the next renewal. The year already paid runs to its end, and it is not refunded (Section 6). Runs keep working until then.

At renewal, the assigned licences count. An assigned licence counts as used, even if nothing was archived with it. The renewal covers the licences assigned when we book it, at most as many as the ending licence year covered. If no licence is assigned at that point, the licence does not renew, and we tell you so.

Licences added during the current licence year end with that licence year. For them you pay the share for the remaining days.

We may terminate or suspend a subscription or a licence for good cause, in particular for material breach of these Terms, misuse, or non-payment after a reminder. Suspending a Filum licence stops new runs. It does not touch archives already written, and we could not touch them if we wanted to; see Section 8.1.

5.2 Support

Questions about our programs are answered first by the bimover AI. This AI support is included in the price of the programs. If the bimover AI cannot solve a case, it passes it to a person.

We bill a person’s time as support, in quarter-hour units, at an hourly rate that is the same for all our programs and that we state on our website. Every quarter hour started counts.

Anything caused by a fault in our software costs you nothing. The same goes for a disruption we caused. Setup, training, questions about operating the software, moves, and causes outside our software are charged as support.

You can buy hours in advance or draw them on account. The price is the same. Drawing on account requires the invoice purchase to be enabled (Section 4.1); until then, buying in advance applies.

Without credit and without drawing on account, we do not start a new assignment. If a case passed on by the bimover AI needs support, and your office has neither credit nor the option to draw on account, the case waits until hours are bought or outstanding invoices are paid. Whoever manages your office receives a message about it.

Hours paid in advance should be drawn within 24 months of purchase. After that we may let them expire. We do not do so on our own: we contact you before anything expires, and you can then use the hours or agree an extension with us. Hours drawn on account are not affected; they are used up with the work.

A limit applies to drawing on account, which we will tell you on request. Once it is reached, we do not start a new assignment before the outstanding hours are paid. An assignment already under way is always finished.

5.3 Orthera licences

An Orthera licence applies to the member it is assigned to. Whoever runs the organisation assigns the licences to its members and takes them back. No licence goes to a member by itself, and no member can take one for themselves. If more licences are assigned than the organisation holds, those assigned first keep their licence; the others have none until an assignment is taken back or more licences are bought.

The licence year works as for Filum (Section 5.1): if you pay by card, it starts on the day of payment, if you buy on account, on the day of purchase, and a renewal always follows on from the anniversary. Before each renewal we tell you what it will cost, and the payment deadlines from Section 5.1 apply. You can end the licence at any time, in your bimover account or by writing to support@bimover.ch; the year already paid runs to its end and is not refunded (Section 6).

At renewal, the assigned licences count. An assigned licence counts as used, even if nothing was checked with it. The renewal covers the licences assigned when we book it, at most as many as the ending licence year covered. If no licence is assigned at that point, the licence does not renew, and we tell you so.

Licences added during the current licence year end with that licence year. For them you pay the share for the remaining days.

5.4 Tessera licences

A Tessera licence applies to the member it is assigned to. Whoever runs the organisation assigns the licences to its members, takes them back and assigns them to another member, as often as needed. No licence goes to a member by itself, and no member can take one for themselves. If more licences are assigned than the organisation holds, those assigned first keep their licence; the others have none until an assignment is taken back or more licences are bought.

At renewal, the assigned licences count. An assigned licence counts as used, even if nothing was exported with it. The renewal covers the licences assigned when we book it, at most as many as the ending licence year covered. If no licence is assigned at that point, the licence does not renew, and we tell you so.

Licences added during the current licence year end with that licence year. The graduated scale counts the licences already in force in that licence year, and for the new ones you pay the share for the remaining days.

6. Refunds

Payments already made are non-refundable, except where mandatory law provides otherwise or where we grant a refund at our discretion, for example if a paid feature was materially unavailable for a prolonged period for reasons attributable to us. Where we grant a refund for a subscription period, the corresponding entitlement ends immediately.

Locus licences are one-off purchases for a specific project; once the licence has been used for imports, it is non-refundable except where mandatory law provides otherwise.

Filum licences are paid in advance, for a number of licences and for a term. They are non-refundable once bought, except where mandatory law provides otherwise or where we grant a refund at our discretion. Licences you did not use are not paid out at the end of the term and do not carry over into the next one.

Orthera licences are paid in advance, for a number of licences and for a licence year. They are non-refundable once bought, except where mandatory law provides otherwise or where we grant a refund at our discretion. Licences you did not assign are not paid out at the end of the licence year and do not carry over into the next one.

Tessera licences are paid in advance, for a number of licences and for a licence year. They are non-refundable once bought, except where mandatory law provides otherwise or where we grant a refund at our discretion. Licences you did not assign are not paid out at the end of the licence year and do not carry over into the next one.

7. Licence Scope and Restrictions

For the duration of a paid subscription or licence, we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Products for your internal business purposes, within the scope you have paid for: the licensed building project for Locus, the archived mailboxes and the term for Filum, and for Cloya, Orthera and Tessera the licences bought, for Cloya in their tier, each for the member it is assigned to, and the licence year.

Filum, after the licence ends. The right to keep, open, read, search and export an archive Filum has written does not end with the licence. It has no time limit and it needs no server of ours, and you may read the archive with any program you like. An expired licence stops new runs. It does not stop Filum from opening an archive that already exists.

You may not:

pass on, rent out, or make your access available to third parties outside your organisation, except for participants in shared sessions within the intended functionality
reverse-engineer, decompile or disassemble the Products, except to the extent such acts are permitted by mandatory law
remove or alter proprietary notices
use the Products to build a competing product

For Free Apps we grant you a non-exclusive, non-transferable right to use the app for your own purposes, private or professional, for as long as we publish it; for Cuolma and Vadum, the limit in Section 3.2 applies (no commercial use). The restrictions listed above apply to Free Apps as well, with the exception of the first, which concerns access to a subscription.

These restrictions concern the Products, not what they produce. Cuolma is the exception: you may not use what you create with Cuolma commercially, under Section 3.2. The archive Filum writes is yours. It needs no licence to be read, copied, moved, backed up or handed to a third party, and nothing in this Section restricts what you do with it. See Section 8.1.

All rights not expressly granted remain with us.

8. Your Content

You retain all rights to the documents, plans and other content you use with the Products (“Your Content”). We claim no ownership of it.

We process Your Content only to the extent necessary to provide the Products, for example to store documents you deliberately save on our infrastructure, or to relay data during a shared session. Live collaboration sessions are end-to-end encrypted; the session key travels only in the invitation link, and our relay cannot read session content.

You are responsible for holding the rights required for Your Content and for complying with applicable law when using it.

8.1 The Filum archive stays with you

Filum writes into storage you choose yourself, and we never hold the archive. The path is yours, for example a folder on your own NAS or server. In the Filum apps for macOS and Windows the messages travel from Microsoft to the computer running Filum and from there to that storage. They do not pass through our servers, and we never receive a copy.

What Filum writes there is a folder of ordinary files: a readable file per message, the original mail unchanged, attachments as files, an index, and a page to search with. It opens with a file manager and a browser, without Filum and without us.

Because we never hold it, we cannot switch it off, hold it back or lose it. An expired, suspended or unpaid licence does not touch it. What is archived stays readable, searchable and exportable. Only a new run needs a licence.

Whether that storage is available, backed up and protected against unauthorised access is in your hands. The archive is not backed up by us. See Section 11.

8.2 What Filum reports to us after a run

After each archive run Filum sends us what we need in order to bill, and nothing else: a hash of each archived mailbox address, an identifier of the archive, the identifier of the run, the time, the checksum of the run record, and two numbers, namely how many messages the archive holds and which run in order it was. No address in clear text, no subject line, no file name, no content. The sample project reports nothing.

A hash of a mailbox address is pseudonymous, not anonymous. The same mailbox always produces the same hash, and anyone who already holds an address can compute it and compare. We use it to count mailboxes, and for nothing else. Our Privacy Policy sets out the details.

If we cannot be reached, the run still happens. Reporting does not block archiving.

9. Availability, Support and Changes

We aim for high availability but do not warrant uninterrupted or error-free operation. Maintenance, updates, third-party outages and force majeure may lead to temporary interruptions. No specific service level is owed unless expressly agreed in writing.

Support for Paid Products is provided by email at support@bimover.ch during ordinary Swiss business hours. Support for Free Apps is voluntary and owed to nobody; see Section 3.2.

A product that requires an account or a licence depends on authentication and licence verification via bimover servers. Cuolma requires neither and calls no bimover server. Product-related server components may be changed, limited or discontinued; where this materially affects a paid subscription, Section 3.1 applies.

Where a rate is described as including support, that means support costs you nothing on top of the licence. It is not a service level. No response time and no fix within a given time are owed unless expressly agreed in writing.

Filum needs our servers only for signing in and for licensing. Reading, searching and exporting an existing archive needs neither our servers nor Microsoft’s. The archive is a folder of files on your own storage, and the page you read it with works offline. Starting a new run does need the sign-in and the licence check.

9.1 In-app notices (bimover app)

The bimover app is our channel for informing you inside the app. We do not send marketing emails on this basis. Notices fall into two categories:

Operational and security notices (service status, maintenance windows, security advisories, known issues). These are part of operating the Products and are always shown; they cannot be disabled.
Product news (new applications, features and releases).

Product news is shown to existing customers by default and can be disabled at any time in the settings of the bimover app (“Mitteilungen von bimover”), with immediate effect. Disabling it has no impact on your contract, support or the functioning of the Products.

Notices appear only within the app; they are not sent by email, and no push notifications are used for advertising. Details on the data processed for this feature are set out in our Privacy Policy.

9.2 Feature requests and other submissions

The bimover app lets you submit feature requests (“Ideas”) and vote on requests submitted by others.

Review before publication. Every submission is reviewed by us before it becomes visible to other users. We may decline, shorten or remove a submission, in particular if it contains third-party or personal data, confidential project information, unlawful or offensive content, advertising, or is otherwise unsuitable. You will see the status of your own submission in the app; if we decline it, we tell you so in the app.

Only submit what you may share. Do not include personal data of others, client or project information subject to confidentiality, credentials, or material you do not hold the rights to (this expressly includes screenshots of third-party plans or documents).

Rights you grant us. You grant us a non-exclusive, worldwide, royalty-free and transferable right to store your submission, display it to other users of the app and our website, and to use the ideas contained in it for the development of our products, without time limit and without any obligation to pay. Ideas as such are not protected by copyright; a submission therefore does not create any claim to compensation, attribution or to a feature being implemented. You may ask us at any time to remove your submission from public display.

Anonymity. Submissions are shown to other users without your name or email address.

Reporting. If you consider a published submission unlawful or inappropriate, write to support@bimover.ch. We will review it promptly and remove it where required, and inform you of the outcome.

10. Data Protection

Information on how we process personal data is set out in our Privacy Policy. For Cloya specifically, see the Cloya privacy notice; for Cuolma, the Cuolma privacy notice. For Filum, Section 8.2 above lists exactly what leaves your office after a run, and the Privacy Policy sets out how we handle it.

11. Warranty and Liability

The Products are provided with the care customary in the industry. We do not warrant that the Products are fit for a particular purpose beyond the described functionality, or that they are free of all defects.

To the extent permitted by law, our liability is limited to damages caused intentionally or by gross negligence. Liability for slight negligence, for indirect or consequential damages, for lost profits, for loss of data and for claims by third parties is excluded. Where liability is not excluded, it is limited per case to the amount paid by you for the affected Product in the twelve months preceding the event.

For Free Apps you receive software at no charge, and a cap measured against amounts paid is meaningless because nothing is paid. Our liability for a Free App is limited to damages caused intentionally or by gross negligence. This limit is the floor that Art. 100 CO leaves in any case; we do not attempt to go below it.

Where you use a Free App as a consumer, the content control of Art. 8 UWG applies: a term of these Terms that creates a significant and unjustified imbalance between rights and obligations to your detriment does not apply to you, whatever it says. Where the mandatory consumer law of the country you live in gives you more, that law applies, as set out in Section 1.1.

Mandatory statutory liability, in particular for personal injury, remains unaffected in every case.

You are responsible for maintaining your own backups of Your Content. An archive is not a backup. A Filum archive sits on your own storage and we hold no copy of it. Backing it up, and checking that the backup works, is yours to do.

11.1 What Filum does not promise

Filum does not prevent changes, it makes them detectable. The archive sits on your storage, and anyone with write access to that folder can change or delete files in it. Each run writes a record: a checksum over the whole holding, chained to the record before it, with a timestamp from an independent service. That is what shows afterwards that something is different. It is a means of proof, not a lock, and we warrant no more than that. There is no seal and no write-protected drive, and the archive itself is not stored on a blockchain.

We do not warrant that any retention setup meets a legal or regulatory requirement. Whether records are kept in a way that satisfies the rules is decided by the procedure in your office, not by a program. We describe what Filum does. Nothing in the Products, on our website or in these Terms is legal advice.

Filum archives what was filed or what a rule assigns. It archives the mailbox folders the signed-in person names, and the messages from the inbox and sent items that one of their rules gives a project, through that person’s own Microsoft sign-in, so it sees only what that person may see anyway. It does not find what nobody filed and no rule matches. Teams chats and drafts are not captured as messages, and a cloud attachment that arrives as a link is archived as that link. The readable file Filum writes for each message reproduces the content, not the look; the original message sits next to it, unchanged. What is not captured is described on the product page.

The retention period and the deletion hold are your settings. Filum records them, keeps a log of every hold set and lifted, and refuses deletion through Filum while a hold is in place. The retention period informs, it does not act: nothing leaves an archive because a period ran out. Filum cannot prevent deletion by other means, because anyone with write access to the folder can delete files outside Filum. Deciding whether something may be deleted is yours, and Filum never decides it.

A deletion through Filum leaves a trace on purpose. The message is replaced by a record of what was removed, when, by whom and on what basis. The content is gone; the gap stays visible. Take that into account before you tell anyone that nothing remains.

12. Changes to these Terms

We may amend these Terms with effect for the future, for example to reflect changes to our services, our payment processes, or the legal framework. We announce material changes at least 30 days before they take effect. If you do not accept the change, you may terminate the affected subscription with effect from the date the change takes effect. For a Free App there is nothing to terminate: if you do not accept the change, stop using the app.

Where a licence has been paid for a fixed term, there is nothing to terminate either. A change applies to licences bought after it takes effect. A licence already paid for runs on under the Terms that applied when you bought it, for the remainder of its term, unless the change is required by law.

13. Governing Law and Jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is Aarau, Switzerland, to the extent permitted by law.

This does not bind consumers. The Aarau forum does not apply to a consumer using a Free App. Which court is open to such a consumer is for the law where they live to decide; for a consumer living in Switzerland that is the place of jurisdiction for consumer contracts under Art. 32 CPC, which cannot be waived in advance. The mandatory consumer law of the country they live in likewise prevails over these Terms so far as it gives them more than Swiss law; the choice of law above does not change that.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is unaffected.