BPMSField™ Terms and Conditions
Effective Date: May 17, 2026
These Terms and Conditions ("Terms") govern your access to and use of BPMSField™, a mobile application operated by Building Performance Modeling System (BPMS) ("BPMS," "we," "our," or "us"). By accessing or using BPMSField™, you agree to be bound by these Terms.
1. Eligibility and Account Registration
- You must be at least 18 years old and authorized to act on behalf of your business or organization.
- You agree to provide accurate account information and keep your login credentials secure.
- You are responsible for all activity that occurs under your account and for compliance by your users.
2. Permitted Use
You may use BPMSField™ only for lawful business purposes, including:
- Collecting building inspection and energy audit data
- Capturing media and field measurements
- Generating and synchronizing project documentation and reports
You agree not to:
- Use the application in violation of any law, regulation, or third-party rights
- Reverse engineer, decompile, or attempt unauthorized access to systems or data
- Interfere with app performance, security, or availability
3. Data Collection and Permissions
BPMSField™ may collect and process account information, photos, thermal imagery, location data, LiDAR scans, drone imagery/telemetry, project data, and device diagnostics as needed to provide platform functionality.
By using the app, you authorize requested device permissions (including camera, storage, and location) to the extent required for intended workflows.
4. Customer Data Ownership and License
- You retain ownership of project data and content you submit to BPMSField™ ("Customer Data").
- You grant BPMS a non-exclusive license to host, process, transmit, and back up Customer Data solely to operate, secure, and improve the service.
- You represent that you have all rights and permissions necessary to upload and process Customer Data.
5. Subscription, Fees, and Billing
- Access to some features may require a paid subscription or licensed module.
- Fees, plan limits, and billing cycles are described in your order, quote, or pricing page.
- If payment is processed through third-party providers (including Stripe), their terms also apply.
- Failure to pay may result in suspension or restriction of access until outstanding balances are resolved.
6. Third-Party Integrations
BPMSField™ may integrate with third-party services and SDKs, including Apple Services, Google Services, Supabase, Stripe, DJI SDK, FLIR SDK, and Mapbox.
BPMS is not responsible for outages, data practices, or policy changes by third-party providers. Your use of those services may be subject to separate terms and privacy policies.
7. Intellectual Property
- BPMSField™, BPMS™, associated branding, software, and documentation are protected by intellectual property laws.
- Except for limited rights expressly granted in these Terms, no ownership rights are transferred to you.
- You may not remove proprietary notices, copy core software components, or create derivative versions of the platform without written permission.
8. Security and Acceptable Conduct
We use commercially reasonable safeguards to protect information; however, no system is completely secure. You are responsible for maintaining endpoint security, using strong credentials, and promptly notifying us of suspected unauthorized access.
9. Service Availability and Changes
- We may update, enhance, or modify features from time to time.
- We do not guarantee uninterrupted operation and may perform maintenance that temporarily affects availability.
- We may discontinue features or integrations when required for security, legal, or operational reasons.
10. Disclaimer of Warranties
BPMSField™ is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, BPMS disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the fullest extent permitted by law, BPMS will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill. BPMS total liability for claims related to BPMSField™ will not exceed the amounts paid by you for the service during the 12 months preceding the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless BPMS and its affiliates from claims, damages, liabilities, and expenses arising from your use of BPMSField™, Customer Data, or violation of these Terms or applicable law.
13. Suspension and Termination
- We may suspend or terminate access for violations of these Terms, non-payment, or security risk.
- You may stop using BPMSField™ at any time, subject to any active subscription commitments.
- Sections that by nature should survive termination (including IP, disclaimers, liability limits, and indemnity) will remain in effect.
14. Governing Law
These Terms are governed by applicable laws of the jurisdiction in which BPMS is established, without regard to conflict of law principles, unless superseded by a separate written agreement.
15. Changes to These Terms
We may update these Terms periodically. Updated versions will be posted with a revised effective date. Continued use of BPMSField™ after changes become effective constitutes acceptance of the updated Terms.
16. Contact
For legal, support, or policy questions: support@bpmscloud.com
