Prodbim Terms and conditions – November 2023


The following statements set out the Terms and Conditions for the dissemination of digital information.  

Glossary

“BIM” means Building Information Modelling and Management. 

“PIM” means Product Information Management. 

“Eurovent Certita Certification (ECC)” is a certification company in HVAC&R field. 

“Prodbim” is a division of ECC dedicated to digital and database services. 

“Prodbim Platform” means the online database of PIM manufacturer product data, BIM format and regulatory related Content, such as EPREL, wholly owned, maintained and managed by Prodbim, and it accesses. 

“Content” means all human and machine-readable data retained, maintained and displayed in the Prodbim Platform. It includes catalogue and custom products, classifications and BIM objects. Entries to the database can be model, product, custom product, software version, etc. 

“Taxonomy” means the whole information necessary to prepare a specific classification of things or concepts, here if for example HVAC&R products, including the nodes (classes), the attributes, their translations, their organisation in the classes, format and/or physics limitations, their List of Values. 

“Product Family” means a group of products which can all be classified if first node of one taxonomy in Prodbim platform (e.g. Fan coil units). 

“Prodbim Analyse Tool” means the online tool maintained and managed by Prodbim, and its accesses, allowing to visualise statistics of content of connected database(s). 

Mapping” means the process of creating correspondence between the elements of distinct taxonomies and/or the Prodbim platform with external databases (in and out). 

“Connector” means a piece of code and/or a customised middleware used to make the Content of a specific database or software in its own format readable and recorded by the Prodbim Platform or Prodbim Analyse Tool (in); and/or to make the Content of the Prodbim platform readable by another database, platform or software (out). A connector is a combination of two half-fluxes, meaning that Prodbim reads and converts Source data to its own format, or converts its data to a certain format which can be interpreted by the Target database. Connectors can work as flat files (e.g. imports/exports), in some cases system-to-system exchanges can also be put in place. 

1- Choice of Connector and choice of Model to transfer (out)

As part of the Prodbim platform service, Prodbim proposes to any of its user’s Company to disseminate his data to various available connectors, chosen by the user himself. 

Choosing to open a connector implies agreement of a transfer of several information to the back-office of the chosen target database, platform etc., this information being the minimum necessary information to open workable account(s) in the target database. Part of these information under RGPD regulation shall be compliant, including username and work contacts as in particular email address and eventually phone. Additional information may be asked by the platform and user may agree to have it transferred or not. For APIs, rights restrictions can require your IP address. 

By choosing a connector, user agrees with these General terms of conditions of Prodbim as well as the target database, these terms being made available to user at connector operational opening. 

When the connector is chosen by the user, he can then decide for each single model if yes or no it should be transferred to the target database. 

2- Half fluxes

Prodbim develops and maintains half-flux on its side, based on its tool capabilities and limitations; synchronisation usually doesn’t exceed 24h on Prodbim side. Regarding Eprel analyse, new models are added daily, but full update happens once a week. Prodbim somehow coordinates the half-flux on source target side, but doesn’t develop it by itself nor fixes synchronisation time. Prodbim informs about updates of the fluxes, so they remain sustainable and functional. Each party is responsible of its half-flux

3- Revoke transfers 

Transfer can be revoked by user at any moment in the tool itself, meaning that Prodbim will make so that immediately no further transfer will be provided. Prodbim will then accompany deletion/removal of data in the Target database, within the General terms and conditions of the Source or Target database, especially in terms of timeframe and retention rules of data. 

4- Access to the Prodbim Portals 

With the registration, user is granted a non-transferable, non-exclusive licence to use the Prodbim Portals for your own internal use, subject to these initial Terms and Conditions. 

By accepting these Terms and Conditions, you warrant that your use of the Prodbim Portal(s): 

  • will not violate any applicable law, statute or subordinate legislation;  
  • will not infringe the Intellectual Property Rights of any party; 
  • will not, to the best of your knowledge and belief, contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. 

You will be responsible for making all necessary arrangements to access the Website and for inputting accurate information into the Prodbim Platform according to the specification provided by Prodbim that will be delivered. You are also responsible for ensuring that all persons of your organisation accessing the service are aware of these Terms, and that they comply with them. Access to the portal can be terminated in case of abuses or at Prodbim’s sole discretion. 

Through your use of the Prodbim Platform, you will provide and consent we will collect personal data about you including your name, telephone number, email address and technical information about your Content and you warrant that all data provided by you is accurate and compliant and up-to-date in regards to applicable regulation and certification. 

All the Intellectual Property Rights, logos, trademarks, database in the Prodbim Platform are and shall always remain, solely and exclusively, the property of ECC. All other Intellectual Property Rights of the Objects and Contents themselves, trademarks, product names, and logos, and product data provided by the manufacturer owner appearing in the Prodbim Platform remain the property and responsibility of their respective owners. Availability and usage of data certified by ECC are submitted to the rules defined within ECC, and particularly regarding data not certified by ECC. 

You may link to our pages then you must: (i) only link in a way that is fair and legal and does not damage our reputation or take advantage of it; (ii) not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and (iii) not establish a link in any website that is not owned by you or upon our approval in case of external web site. We reserve the right to withdraw any linking permission upon notice in case of infringements. 

Because it aggregates data, users shall not disseminate or make public the dashboard contents of Prodbim Analyse Tool, which statistical content is strictly restrained inside the user company or group - any breach of this obligation could be prosecuted by Prodbim or by, concerning Eprel database content, the European Commission. To be noted that, the European commission does not warranty the content of its Eprel database, data is provided “as such”. 

5- Our Liability 

Prodbim may transfer, assign, charge, sub-contract any of our rights or obligations at any time. Prodbim shall not be liable in respect of any event of default for loss of profits, goodwill or any type of special, indirect or consequential loss, including loss or damage suffered by you as a result of any action brought by a party or in any way arising out of or in connection with, your or any other party’s: (i) inappropriate use of the Content or of the Prodbim Platform; (ii) failure to exercise reasonable levels of due care and attention when using the Content or the Prodbim Platform; (iii) failure to exercise reasonable levels of professional skill and competence when using the Content or the Prodbim Platform. 

Prodbim cannot be liable or responsible for any failure or suspension to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. 

Prodbim cannot be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Prodbim Platform and/or to your downloading of any content on it, or on any website linked to it. 

Whatever the cause, Prodbim total liability, shall never exceed the annual fee paid by the user. 

6- Source and Target Liability 

Prodbim cannot be liable or responsible for any failure of the source or target database or half flux on their side. Source and Target general terms and conditions apply. In case of technical maintenance failure on Source or Target side, Prodbim can decide to urgently suspend or close the connector and inform the users accordingly. 

Source or Target may propose additional services to the user that he is free to accept or not. 

7- Written communications 

You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site.  

8- Fees 

Service regarding push of certified data is free for manufacturers holding a valid certificate with ECC. 

Other specific services regarding additional services in target platforms, non-certified families, non-certified products, non-certified characteristics or non-certified performances would be subject to additional pricing according to specific offer by Prodbim, within the same terms and conditions.