Welcome to BMS Front!
Thanks for using our products and services ("Services"). The Services are provided by BMS Front Corporation ("BMS Front").
By using our Services, you are agreeing to these terms. Please read them carefully.
You must be at least 18 years of age to use our Services. By using our Services, you represent that you are 18 or older. If you do not meet this requirement, you may not use the Services.
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not introduce malware. Do not access accounts, data, or systems you are not authorized to use. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend your access if you do not comply with our terms or policies, if we are investigating suspected misconduct, or if we reasonably believe there is a security risk.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
You retain any rights you already have in content you submit to the Services (for example, service request details, your organization's logo, or company contact information). By submitting that content, you grant BMS Front a worldwide, non-exclusive, royalty-free license to host, use, reproduce, modify, and display it as needed to operate, provide, protect, and improve the Services, including displaying organization logos and company contact information to logged-in users who are authorized in the Services to see that organization's support or contact information. You represent and warrant that you have all rights needed to submit that content and to grant this license, and that our use of it as described will not infringe any third party's rights. BMS Front is not responsible for content you or your organization submit.
Our Services display some content that is not BMS Front's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
In connection with your use of the Services, we may send you service announcements and administrative messages. If we send marketing emails, you can unsubscribe as described in our Privacy Policy. We may still send non-marketing messages about your account or our Services.
Your BMS Front Account
You may need a BMS Front Account in order to use some of our Services. You may create your own BMS Front Account, or your BMS Front Account may be assigned to you by an organization administrator, by another person your organization authorizes to manage accounts for your organization, or by BMS Front acting on that instruction. If you are using a BMS Front Account assigned in that way, different or additional terms may apply and your organization administrator or other authorized account manager may be able to access or disable your account. More detail about organization administrator and other authorized account manager access is in our Privacy Policy.
You are responsible for keeping your password confidential and for activity that occurs under your BMS Front Account. If you learn of any unauthorized use of your password or account, contact us.
You may not transfer your BMS Front Account. If your organization manages the account, that organization may assign or disable it as described in these terms and the Privacy Policy.
Privacy Protection
BMS Front's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that BMS Front can use such data in accordance with our Privacy Policy.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
BMS Front gives you a non-exclusive license to use the software provided to you by BMS Front as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BMS Front, in the manner permitted by these terms. You may not copy, modify, distribute, sell, lease, or sublicense any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
Feedback
If you send us ideas, suggestions, or other feedback about the Services, you grant BMS Front a perpetual, worldwide, irrevocable, royalty-free license to use, copy, modify, and commercialize that feedback for any purpose, without compensation or credit to you. Feedback is not confidential unless we agree otherwise in a separate written agreement.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You may stop using the Services at any time. Stopping use does not change any separate commercial terms an organization has with BMS Front for paid access to the Services. If your account is managed by an organization administrator or other authorized account manager, your ability to edit or terminate the account itself may be limited, as described in our Privacy Policy. We may add or create new limits to our Services. We may suspend or close an account for breach of these terms, suspected misconduct, security risk, or as required by law.
Building systems and service requests
The Services may be used to request building services (for example, HVAC or lighting) and to send related commands to building management systems, controllers, or other equipment that you or third parties own or operate. Organization administrators (including those acting for property managers) may configure which tenant organizations and users can request which building services in the Services. Technical access in the Services only reflects that configuration. It is not a determination that a user or tenant organization is authorized under their own policies, leases, or other agreements to make a request. If you submit a service request, you represent that you and your organization are authorized to make that request, including under your organization's rules and any applicable building, landlord, or property-manager arrangements. If you configure access for others, you represent that you are authorized to grant that access in the Services. If you enter connection information or credentials so the Services can send commands to a building management system, you authorize the software to store that information and use it to operate the Services, and you represent you have authority to do that. That is product access. It is not BMS Front staff taking a building-system login for their own use. BMS Front does not own or control those building systems. We do not guarantee that any command will be received, accepted, executed, completed, or that equipment will turn on or off as requested. Failures can occur because of BMS Front software or systems, the building management system, network conditions, equipment faults, scheduling conflicts, configuration, or other causes. You and your organization are responsible for your building systems, monitoring whether requested services start and stop as expected, taking manual or other override action when needed, and for utility, energy, and other costs of building operation. To the fullest extent permitted by law, BMS Front is not liable for utility or energy charges, equipment left on or off, discomfort, property effects, or other losses arising from failed, delayed, partial, or incorrect execution of building-service commands, whether caused by BMS Front, networks, or third-party building systems, except to the extent liability cannot be limited under applicable law.
BMS Front may show usage information in the Services. BMS Front has no duty to watch that information or to act on it. These terms do not create a service level agreement.
The Services are not designed or intended for life-safety, emergency, fire, life-support, or other critical safety systems, and you may not use them for those purposes.
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BMS FRONT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES, THE DOCUMENTATION, AND ANY UPDATES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, BMS FRONT, AND BMS FRONT'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BMS FRONT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE FEES YOU PAID BMS FRONT FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM. IF YOU PAID BMS FRONT NOTHING IN THAT PERIOD, THAT AMOUNT IS ZERO.
Force majeure
BMS Front is not liable for any failure or delay in performing its obligations under these terms if that failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, network or utility failures, or failures of third-party building management systems, hosting providers, or other service providers.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. You (and that business) will hold harmless and indemnify BMS Front and its suppliers, distributors, affiliates, officers, agents, and employees from any claim, suit or action arising from or related to your use of the Services, people you allow to use the Services, connection information or credentials you enter, or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms for a Service, the additional terms will control for that conflict. Additional terms are use terms shown with a Service. They are not an organization's commercial terms for paid access to the Services. If an organization has separate commercial terms with BMS Front for paid access to the Services, those terms control those subjects for that organization. These terms still govern how individuals use the Services.
Except as described above for additional terms and any separate commercial terms for paid access, these terms control the relationship between BMS Front and you regarding the Services. They do not create any third party beneficiary rights, except that BMS Front's suppliers, distributors, affiliates, officers, agents, and employees may enforce the indemnity and the warranty disclaimer and limitation of liability provisions that protect them.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Provisions that by their nature should survive termination or your stoppage of use will survive, including those on intellectual property, feedback, submitted content, building systems and service requests, warranties and disclaimers, limitation of liability, force majeure, indemnity, governing law and venue, and this survival sentence.
Before filing a claim, you agree to contact BMS Front via our contact page with a brief description of the dispute and to try to resolve it informally for at least 30 days. The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and BMS Front consent to personal jurisdiction in those courts. You and BMS Front agree to bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
For information about how to contact BMS Front, please visit our contact page.