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Onuma System EULA 2025
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ONUMA SYSTEM - EULA & SLA

END USER LICENSE AGREEMENT (“EULA”) and SERVICE LEVEL AGREEMENT (“SLA”)

for the ONUMA SYSTEM TM
Last Updated: 8/6/2025

1-DEFINITIONS SECTION        2

2-INTRODUCTION        3

3-TERMS AND CONDITIONS        3

3a-The License        3

3b-Access and Responsibilities        3

3c-SUBSCRIBER Account Management        4

3d-Prohibited Actions        4

3e-SUBSCRIBER’s Cooperation        5

3f-Security Measures        5

3g-Cancellations        5

3h-Restrictions        5

3i-Changes        6

3j-Indemnity and Limitation of Liability        6

3k-Pricing        6

3l-Copyright Protections        6

3m-Service Level Warranty        7

3n-No credits for the following        7

3o-Onuma Personnel and Access to SUBSCRIBER DATA        8

3p-Data Security        8

3q-Mutual Non-Disclosure Covenant        8

3r-Dispute Resolution        8

3s - Additional Requests and Customization Fees        9

4-Use of the ONUMA API TM        9

4a-Access and Use        9

4b-Limitation of Responsibility        9

4d-Subscriber Acknowledgement:        10

5-Special Provisions for SUBSCRIBERS Accessing FUSION System Data        10

5a-ONUMA SYSTEM TM and FUSION SYSTEM        10

5a-ONUMA SYSTEM TM Data        10

5b -FUSION SYSTEM Data:        10

5c-Data Accuracy and Integrity        10

5d-Data Security and Confidentiality        11

5e-Changes to FUSION SYSTEM Access        11

5f-FUSION SYSTEM Downtime and ONUMA, INC. Non-Responsibility        11

6-DISCLAIMER OF WARRANTIES        11

7-EXCLUSION OF ALL DAMAGES.        11

8-TECHNICAL SUPPORT        12

END        13

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1-DEFINITIONS SECTION

These definitions are material to the terms of the EULA and the SLA

ONUMA SYSTEM TM – The ONUMA SYSTEM TM, aka the ONUMA PLANNING SYSTEM, OPS TM, BIMgenieTM, ZAiMAPTM, ONUMA BIM SERVERTM,  PROGRAM2BIM TM is an ecosystem of interrelated software tools, hardware, platforms, and services created by ONUMA INC. to facilitate the planning, design to construction, operation, and decommissioning of assets, facilities, infrastructure, and buildings. Built by architects and programmers with over 30 years of experience utilizing building information modeling (BIM) tools and processes, the ONUMA SYSTEM TM empowers collaboration on a global scale.

ONUMA INC.’S INTELLECTUAL PROPERTY – The ONUMA SYSTEM TM, accessed through the ONUMA SYSTEM TM   WEB APPLICATION (“ONUMA WEB APPLICATION”), is powered by ONUMA INC.’s intellectual property, including proprietary code logic, business practices, trade secrets, trademarks, patents, copyrights, confidential information, and related intellectual property, all of which are protected by state, federal and international laws governing copyright, access to, and use of intellectual property and related confidential information. (“ONUMA INC. IP”)

ONUMA SYSTEM TM LICENSE – Licensed use of the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION is authorized on desktops, mobile devices, and over the web by SUBSCRIBERS who create an ONUMA SYSTEMTM account associated with a valid e-mail account and agree to be bound by this EULA and SLA.

ONUMA SYSTEM TM WEB APPLICATION (“ONUMA WEB APPLICATION”) – The ONUMA WEB APPLICATION facilitates the use of the ONUMA SYSTEM TM online by leveraging certain proprietary tools developed by ONUMA INC. including, but not limited to, ONUMA APPLICATION PROGRAMING INTERFACES (“ONUMA API TM”), ONUMA WEB SERVICES TM, and ONUMA WEB FEATURE SERVICE TM (“ONUMA WFS TM”), ONUMA BIM SERVERTM, in conjunction with other ONUMA INC. IP, such as ONUMA and BIMgenieTM, all of which are protected by state, federal and international laws governing access to and use of such confidential information and intellectual property.

ZAiMAP™ – A module within the ONUMA SYSTEM™ designed to support resilience, emergency response, and operational planning through interactive spatial data mapping and coordination. ZAiMAP leverages ONUMA’s planning platform to visualize and organize third-party data but does not validate the accuracy of that data.

SUBSCRIBERS - Individuals and or entities that create and maintain an ONUMA SYSTEM TM account associated with a valid e-mail account and agree to be bound by this EULA and SLA.

SUBSCRIBER DATA - Proprietary content generated by SUBSCRIBERS while utilizing the ONUMA SYSTEM TM  to create Schemes and Projects shared on the ONUMA SYSTEM TM. 

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2-INTRODUCTION

This End User License Agreement (EULA) provides SUBSCRIBERS a license to access the ONUMA SYSTEMTM through the ONUMA WEB APPLICATION. The accompanying Service Level Agreement ("SLA") describes the performance and security standards that ONUMA INC., a California Corporation, warrants to SUBSCRIBERS. This EULA and SLA are personal to the SUBSCRIBERS, who each confirm they possess the legal authority and capacity to enter into these agreements and, if entered into on behalf of an organization, to bind said organization.

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3-TERMS AND CONDITIONS

3a-The License

Unless provided for by a separate agreement, the license to access the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION requires payment of recurring fees, as the ONUMA SYSTEM TM and the related ONUMA WEB APPLICATION are licensed to SUBSCRIBERS and not sold. The license is provided to SUBSCRIBERS on a non-exclusive, non-transferable basis and confers no title or ownership in the ONUMA WEB APPLICATION or the ONUMA SYSTEM TM, and the license shall not be construed as a sale of any rights in the ONUMA WEB APPLICATION or the ONUMA SYSTEM TM. All rights not specifically granted to SUBSCRIBERS herein are reserved by ONUMA INC.

Licensing access to the ONUMA SYSTEM TM  through the ONUMA WEB APPLICATION does not entitle a SUBSCRIBER to any technical support. Such support must be contracted for by separate agreement with BIMgenieTM points.

All intellectual property terms remain subject to the ONUMA Licensing and Support Agreement. No external IP provisions are accepted.

3b-Access and Responsibilities

To access the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION, SUBSCRIBERS must create an ONUMA SYSTEM TM account associated with a valid e-mail account. SUBSCRIBERS are responsible for all activities that occur under their account, regardless of whether the activities are undertaken by the SUBSCRIBER, the SUBSCRIBER’S employees, or a third party (including contractors or agents of the SUBSCRIBER). Accordingly, except to the extent caused by ONUMA INC.’s breach of this EULA or SLA, ONUMA INC., and its affiliates are not responsible for unauthorized access to a SUBSCRIBER’S account. The SUBSCRIBER must contact ONUMA INC. immediately if a SUBSCRIBER believes an unauthorized third party may be using the SUBSCRIBER’s account or if the SUBSCRIBER’s account information is lost or stolen.

SUBSCRIBERS (or their agents) are responsible for properly maintaining the functional operation of all workstations, web browsers, network, and Internet connections necessary to ensure proper operation of the ONUMA WEB APPLICATION and access to the ONUMA SYSTEM TM.

ONUMA Inc. does not verify the ownership or assume any responsibility regarding the proprietary rights of any data, information, SUBSCRIBER DATA, or other material posted, submitted, copied, transmitted, displayed, disclosed, shared, and/or modified in the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION by SUBSCRIBER. By accepting this EULA and SLA, the SUBSCRIBER agrees only to post, submit, copy, transmit, display, disclose, share, and/or modify data, information, SUBSCRIBER DATA, and other material for use in the ONUMA SYSTEM TM  through the ONUMA WEB APPLICATION as the SUBSCRIBER is authorized to do.

The SUBSCRIBER is solely responsible for the creation, operation, maintenance, and use of the SUBSCRIBER’s content. This includes the technical operation of calls made by a then-current ONUMA APITM for ONUMA Web Services TM and the entry of data into the ONUMA BIMgenieTM. ONUMA INC. SUBSCRIBERS are responsible for their use, implementation, and application of the ONUMA SYSTEM ™, ZAiMAP and BIMGenie  license. Onuma Inc. is not liable for any entries made by SUBSCRIBERS.

The SUBSCRIBER is solely responsible for maintaining appropriate security, protection, and backup of SUBSCRIBER DATA. ONUMA INC. cannot guarantee access to SUBSCRIBER DATA. Anytime a SUBSCRIBER fails to make a payment on its account when due such account shall be deemed lapsed. Under no circumstances will ONUMA INC. have any obligation to retrieve, recover, or otherwise preserve SUBSCRIBER DATA from a lapsed account. At all times, SUBSCRIBERS are solely responsible for backing up any SUBSCRIBER DATA that the SUBSCRIBER wishes to access outside the ONUMA SYSTEM TM ecosystem.  ONUMA INC. will purge content and data from lapsed accounts 180 days after the account lapses. 

Users are solely responsible for the content they upload, including files, links, and structured data.

3c-SUBSCRIBER Account Management

SUBSCRIBERS are responsible for maintaining the confidentiality and security of their account information, including usernames and passwords. SUBSCRIBERS can manage and update their passwords through the ONUMA WEB APPLICATION Account settings. It is the SUBSCRIBER's sole responsibility to ensure that account details, especially passwords, are kept confidential and secure to prevent unauthorized access.

3d-Prohibited Actions

SUBSCRIBERS must not share their logins with others. Each SUBSCRIBER is required to create a secure and unique password for their account. The use of 'strong' passwords (a combination of upper and lower case letters, numbers, and symbols) is highly recommended. SUBSCRIBERS are prohibited from using another individual’s account at any time unless expressly authorized by the individual.

3e-SUBSCRIBER’s Cooperation

SUBSCRIBERS agree to cooperate with ONUMA INC. data security measures designed to protect both SUBSCRIBER and organizational data. This includes adhering to any security guidelines, notifications, or protocols provided by ONUMA INC.

3f-Security Measures

ONUMA INC. employs various security measures to protect the data within the ONUMA WEB APPLICATION. These measures include but are not limited to, data encryption, firewalls, and regular security audits. However, SUBSCRIBERS play a critical role in maintaining the security of their data. In addition to maintaining secure passwords, SUBSCRIBERS should notify ONUMA INC. immediately of any unauthorized use of their account or any other breaches of security.

3g-Cancellations

A prepaid subscription will not receive a refund for early cancellation.

A license to access the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION purchased through a third-party vendor will not receive a refund for early cancellation.

Account cancellation stops all future subscription payments and de-activates the SUBSCRIBER account. Subscriptions are canceled through SUBSCRIBER accounts. ONUMA INC. does not accept phone calls or emails for manual cancellations.

A SUBSCRIBER’S online projects, aka SUBSCRIBER DATA, are preserved for 180 days after cancellation, allowing for reactivation during that time. After 180 days, the projects and schemes / SUBSCRIBER DATA associated with any canceled account are automatically deleted.

3h-Restrictions

SUBSCRIBERS may not reverse engineer, decompile, or disassemble the ONUMA WEB APPLICATION or any aspect of the ONUMA SYSTEM TM except and only to the extent that such activity is permitted by applicable law, notwithstanding this limitation.

SUBSCRIBERS may not rent, lease, or lend the ONUMA WEB APPLICATION.

SUBSCRIBERS may not transfer their rights under this EULA or the SLA at any time.

ONUMA Inc. reserves the right to replace, modify, or upgrade the ONUMA WEB APPLICATION at any time.

3i-Changes

ONUMA INC. reserves the right to modify, update, or revise this EULA and SLA at any time. Notice of material changes will be provided via the ONUMA website or through direct communication. Continued use of the ONUMA SYSTEM™ constitutes acceptance of the updated terms. It is the responsibility of the SUBSCRIBER to review these terms periodically.

In addition, ONUMA INC. may change or discontinue any ONUMA API™ for the ONUMA WEB APPLICATION from time to time but will use commercially reasonable efforts to continue supporting the previous version of any ONUMA API™ that is changed, discontinued, or deprecated for 12 months after the change, unless doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities.

3j-Indemnity and Limitation of Liability

In the event, a third party institutes an action against ONUMA INC. relating to the ownership or proprietary rights of data, information, and/or material posted, submitted, copied, transmitted, displayed, disclosed, shared, and/or modified by the SUBSCRIBER on the ONUMA SYSTEMTM through the ONUMA WEB APPLICATION the SUBSCRIBER agrees to indemnify and hold harmless ONUMA Inc. against any such claims. SUBSCRIBER shall also indemnify and hold harmless ONUMA INC. from and against any claims relating to the use by SUBSCRIBER of the ONUMA WEB APPLICATION on the ONUMA SYSTEM TM that breaches or falls outside the scope of this EULA or SLA.

Data Accuracy and User Responsibility

ONUMA, Inc. provides the ONUMA SYSTEM™, including the BIMgenie™ and ZAiMAP™ module, as a platform for organizing and accessing data supplied by the Licensee or third parties. ONUMA does not verify, validate, or warrant the accuracy, completeness, or reliability of any data input into the system, regardless of any assistance provided in organizing or formatting such data.

The Licensee acknowledges and agrees that:

This clause is intended to limit ONUMA's liability and ensure that users understand their responsibility to validate data before relying on it.

3k-Pricing

Monthly subscriptions are subject to change at any time.

3l-Copyright Protections

All titles and copyrights in and to the ONUMA WEB APPLICATION and the ONUMA SYSTEM TM  (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION), the accompanying printed materials and offline applets, and any copies of the ONUMA WEB APPLICATION and or any aspects of the ONUMA SYSTEM TM are owned by ONUMA Inc.

All title and intellectual property rights in and to the content that may be accessed on the ONUMA SYSTEM TM through the ONUMA WEB APPLICATION is the property of the respective content owner and may be protected by applicable state, federal, and international copyright or other intellectual property laws and treaties. This EULA and SLA grant you no rights to use such content.

If this ONUMA WEB APPLICATION or other aspects of the ONUMA SYSTEM TM contain documentation that is provided only in electronic form, SUBSCRIBER may print one copy of such electronic documentation. SUBSCRIBER may not copy the printed materials accompanying the ONUMA WEB APPLICATION or any aspects of the ONUMA SYSTEM TM as such printed materials are protected by copyright.

ONUMA INC. and/ or our affiliates own all rights, titles, and interests to suggestions provided by the SUBSCRIBER, even when such suggestions are designated confidential. ONUMA Inc. and our affiliates are entitled to use a SUBSCRIBER suggestion(s) without restriction. to document, perfect, use, and maintain our rights with any suggestion(s).

3m-Service Level Warranty

ONUMA INC. warrants that application services provided to SUBSCRIBER shall be 99.3% available 24 hours per day, 7 days per week, 365 days per year.

If the cumulative service level drops below 99.3% for any contract year, ONUMA Inc. will credit SUBSCRIBER with additional complimentary service, according to the following schedule:

3n-No credits for the following

SUBSCRIBER shall not receive any credit under this EULA and SLA in connection with any failure or deficiency caused by or associated with:

Circumstances beyond ONUMA Inc.'s reasonable control, such as war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, earthquake, Internet virus, denial of service attacks, etc.

Telecommunications or Internet failure outside of ONUMA Inc.'s control.

SUBSCRIBER’s negligent or improper acts or omissions, including, without limitation, those involving custom scripting or coding, willful misconduct, or use of the ONUMA WEB APPLICATION and/or the ONUMA SYSTEM TM outside of this or related agreements.  

Scheduled Maintenance, when such maintenance is conducted during SUBSCRIBER's off business hours, and SUBSCRIBER is notified at least 48 hours in advance.

SCHEDULED MAINTENANCE Periodic planned outages of < 1 hour in duration may be necessary from time to time to maintain optimum system performance. ONUMA Inc. will make every effort to notify the SUBSCRIBER at least 48 hours in advance of a planned outage and will schedule such outages, when possible, to occur during off business hours.

3o-Onuma Personnel and Access to SUBSCRIBER DATA

ONUMA INC. employees may access SUBSCRIBER DATA. However, ONUMA INC. does not open, read, use, share, copy, or manipulate any SUBSCRIBER DATA in any ONUMA SYSTEM TM account except when explicitly asked by the SUBSCRIBER to support them with specific tasks.

All ONUMA INC. technical or management personnel with access to SUBSCRIBER DATA are subjected to background checks prior to hiring and must sign a strict non-disclosure agreement that protects both ONUMA INC.’S IP and SUBSCRIBER DATA. No ONUMA INC.. employee is allowed to transfer SUBSCRIBER DATA onto office workstations or remove data from ONUMA Inc. premises.

SUBSCRIBERS agree and are aware that ONUMA INC. has access to the contents of their accounts. SUBSCRIBERS unable to agree to the foregoing must terminate this EULA and SLA immediately.

3p-Data Security

All SUBSCRIBER DATA is hosted on secure servers or backup directories that require authenticated access. ONUMA INC. hosts SUBSCRIBER DATA in secure data centers located in Canada and the United States.

All systems are protected by multiple state-of-the-art firewalls (specific configurations are not disclosed publicly for security purposes), and 256-bit Secure Sockets Layer (SSL) encryption is used to protect all data transmission across the Internet.

ONUMA INC. is committed to safeguarding SUBSCRIBER DATA and ensuring its use is limited to the SUBSCRIBER’s intended access and functionality.

The ONUMA SYSTEM™ includes optional Artificial Intelligence (AI) features that allow users to query, summarize, or analyze their own accessible data. By logging in and using the ONUMA SYSTEM™, the SUBSCRIBER consents to the use of available AI features on their own data within the secure boundaries of their account and sharing settings.

AI outputs may contain inaccuracies (“hallucinations”), and it is solely the SUBSCRIBER’s responsibility to validate any results before relying on them. Use of AI features is optional and at the user’s discretion. ONUMA INC. does not use SUBSCRIBER DATA for general-purpose AI training or share it with third-party AI providers without explicit permission.

3q-Mutual Non-Disclosure Covenant

SUBSCRIBERS to the ONUMA SYSTEM TM agree to maintain the confidentiality of ONUMA INC.’S IP and not to disclose any such IP. Likewise, ONUMA INC. agrees to maintain the confidentiality of SUBSCRIBERS DATA.

3r-Dispute Resolution 

ONUMA INC. and the SUBSCRIBER each waive the right to trial by jury in any action or proceeding arising out of or in any way relating to this EULA/SLA. This EULA/SLA will be interpreted in accordance with California law, including all matters of constructions, validity, performance, and enforcement, without giving effect to any principles of conflict of laws. Any and all claims and disputes arising out of or in connection with this EULA/SLA will be resolved by binding arbitration to be held in Pasadena, California. Any party may demand arbitration through written notice sent by certified mail to the other (an "Arbitration Demand"). Within 15 days after the date that the Arbitration Demand is first mailed, each of the parties will confer to select a mutually acceptable arbitrator from the Judicial Arbitration and Mediation Services ("JAMS"). If JAMS is unwilling or unable to provide an arbitrator, the parties will confer to select another arbitrator. If the parties cannot mutually select an arbitrator, or if one party refuses to participate in the selection process, JAMS will appoint an arbitrator, and such appointment shall be binding on the parties.

3s - Additional Requests and Customization Fees

SUBSCRIBERS acknowledge that the ONUMA SYSTEM™ is licensed as-is under the terms of this EULA and SLA. Any additional requests beyond standard licensing and support—such as completing compliance forms (e.g., VPAT, HECVAT, security questionnaires, or any other custom documentation), providing non-standard invoicing formats, or fulfilling specific institutional processes—are not included. Any such requests will require additional consulting time at ONUMA’s standard hourly rates. ONUMA reserves the right to decline such requests or provide a separate proposal for consulting services at its discretion.

3t - Prohibited Use and Unlawful Activity

Users may not use the ONUMA SYSTEM™ for any purpose that is illegal, harmful, or violates the rights of others. This includes, but is not limited to:

ONUMA Inc. does not actively monitor user content but reserves the right to investigate suspected violations, disable access, or report activity to appropriate authorities if required by law or in response to credible abuse reports.

Users are solely responsible for the content they upload and the actions they take within the ONUMA SYSTEM™. If you are unsure whether your use case is permitted, you should not use the system.

3u - Account Sharing and Responsibility

Each ONUMA SYSTEM™ account is intended for use by a single individual. Sharing login credentials between multiple users is strongly discouraged, as it undermines data integrity, traceability, and individual accountability.

Users and organizations that choose to share accounts do so at their own risk. ONUMA Inc. is not responsible for any data loss, modification, unauthorized actions, or access control issues that result from shared credentials.

Organizations are responsible for deactivating user accounts when employees leave or change roles. ONUMA does not track organizational changes and assumes no liability for continued access by former personnel.

In cases where shared login activity leads to confusion, errors, or project conflicts, ONUMA reserves the right to recommend or require separation of users into individual accounts. Additional support time related to issues caused by account sharing may be subject to consulting fees.

3v: Use of AI-Powered Features

Use of AI-Powered Features

The ONUMA SYSTEM™ includes AI-assisted features that allow users to query, summarize, visualize, or analyze their own project data. By logging into the system and using these features, users consent to the use of AI tools on their data within the secure boundaries of their own account and permissions.

ONUMA Inc. does not use subscriber data for external AI training or third-party model development, and does not share subscriber data with AI providers unless explicitly authorized by the subscriber for a specific use case.

AI-generated responses may contain inaccuracies (“hallucinations”) or misleading suggestions. It is the sole responsibility of the user to review, validate, and confirm all AI-generated outputs before acting on them. ONUMA Inc. makes no warranty regarding the correctness, completeness, or fitness of any AI result.

Use of AI features is at the user's own risk. Continued use of the ONUMA SYSTEM™ constitutes agreement to this provision.

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4-Use of the ONUMA API TM

4a-Access and Use

The ONUMA API TM is available to authorized SUBSCRIBERS, providing the capability to read and write data to and from the ONUMA SYSTEM TM. This functionality allows for integration with other applications, enabling the use of ONUMA SYSTEM TM source data and graphics in external software environments. Authorized SUBSCRIBERS, with the proper credentials, can utilize the ONUMA API TM for both retrieving data from and writing data to the ONUMA SYSTEM TM.

4b-Acceptable Use and Prohibited Conduct

Subscribers may not use the ONUMA SYSTEM™ for illegal or abusive activity, including uploading prohibited content, planning unlawful actions, or violating intellectual property rights. ONUMA reserves the right to suspend access in the event of abuse, without refund.

4c-Limitation of Responsibility

While ONUMA, INC. maintains and periodically updates the ONUMA AP ITM to ensure its efficiency and security, ONUMA, INC. is not responsible for the functionality, reliability, or performance of the applications or services developed by third-party vendors using the ONUMA API TM. SUBSCRIBERS and developers integrating with the ONUMA API TM do so at their own risk and are responsible for ensuring the compatibility and safe operation of their applications with the ONUMA system."

4d-Subscriber Acknowledgement:

SUBSCRIBERS utilizing the ONUMA API TM must acknowledge and agree that ONUMA, INC. is not liable for any issues, damages, or losses that may arise from using third-party applications or services integrated with the ONUMA API TM. SUBSCRIBERS are advised to exercise due diligence in assessing and selecting third-party services and applications for integration with the ONUMA SYSTEM TM system.

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5-Special Provisions for SUBSCRIBERS Accessing FUSION System Data

5a-ONUMA SYSTEM TM and FUSION SYSTEM

SUBSCRIBERS of the ONUMA SYSTEM TM who access the California Community Colleges FUSION SYSTEM data acknowledge that this data is provided via an Application Programming Interface (API) and is displayed within the ONUMA SYSTEM TM. FUSION Users understand that the data from the FUSION SYSTEM remains under the ownership and control of the California Community Colleges and is subject to the terms and conditions of the FUSION SYSTEM.

5a-ONUMA SYSTEM TM Data

ONUMA INC. takes responsibility for ensuring that data created, managed, and stored within the ONUMA SYSTEM TM meets our standards for accuracy and security. We implement rigorous data management practices to maintain the quality and integrity of this information. However, ONUMA INC. does not guarantee the absolute accuracy or completeness of data and shall not be liable for any errors or omissions.

5b -FUSION SYSTEM Data:

ONUMA SYSTEM TM SUBSCRIBERS acknowledge that data accessed from the FUSION SYSTEM, which is not owned, controlled, or maintained by ONUMA INC., is subject to the terms and conditions of the FUSION SYSTEM API. ONUMA INC. disclaims all responsibility for the accuracy, completeness, or reliability of FUSION SYSTEM data. Users are advised to independently verify the FUSION SYSTEM data upon which they rely. FUSION SYSTEM Users agree to use the FUSION SYSTEM data displayed in the ONUMA SYSTEM TM solely for the purposes authorized by the California Community Colleges. Any manipulation, reproduction, or dissemination of this data outside the authorized use is strictly prohibited.

5c-Data Accuracy and Integrity

While the ONUMA SYSTEM TM endeavors to accurately display the data received from the FUSION SYSTEM, FUSION SYSTEM Users acknowledge that the ONUMA SYSTEM TM is not responsible for any inaccuracies or discrepancies in the data provided through the FUSION SYSTEM API.

5d-Data Security and Confidentiality

ONUMA SYSTEM TM and FUSION SYSTEM Users are responsible for maintaining the confidentiality and security of the FUSION SYSTEM data accessed through the ONUMA SYSTEM TM.  ONUMA SYTEM TM SUBSCRIBERSTM and FUSION SYSTEM Users must comply with all applicable laws, regulations, and policies regarding the handling of this data.

5e-Changes to FUSION SYSTEM Access

The ONUMA SYSTEM TM reserves the right to modify, limit, or discontinue access to the FUSION SYSTEM data at any time based on changes to the FUSION SYSTEM API or directives from the California Community Colleges.

5f-FUSION SYSTEM Downtime and ONUMA, INC. Non-Responsibility

SUBSCRIBERS of the ONUMA SYSTEM TM acknowledge that the FUSION SYSTEM, accessed for data retrieval, may occasionally undergo maintenance or experience server issues leading to downtime. ONUMA, INC. is not responsible for any service interruptions or data unavailability resulting from such FUSION SYSTEM downtime. While ONUMA, INC. will endeavor to inform SUBSCRIBERS of known downtimes, SUBSCRIBERS are advised to have contingency plans for these periods. ONUMA, INC. shall not be liable for any disruptions caused by FUSION SYSTEM downtime.

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6-DISCLAIMER OF WARRANTIES

ONUMA INC. AND ITS SUPPLIERS PROVIDE THE ONUMA WEB APPLICATION "AS IS" TO ACCESS THE ONUMA SYSTEM TM, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE. ONUMA INC. OFFERS NO WARRANTIES REGARDING THE LACK OF VIRUSES, LACK OF NEGLIGENCE, OR LACK OF WORKMANLIKE EFFORT RELATED TO THE “AS IS” USE OF THE ONUMA WEB APPLICATION TO ACCESS THE ONUMA SYSTEM TM. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ONUMA WEB APPLICATION TO ACCESS THE ONUMA SYSTEM TM IS WITH YOU.

THE ONUMA SYSTEM™ IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

By using the ONUMA SYSTEM™, users acknowledge and accept full responsibility for:

ONUMA Inc. makes no guarantees regarding availability, uptime, data accuracy, system performance, or future feature compatibility. Use of the system may be subject to software bugs, connection failures, version changes, platform updates, AI model behavior, external API disruptions, or malicious actions beyond ONUMA’s control.

To the maximum extent permitted by law, ONUMA Inc. disclaims all liability for any damages, including but not limited to data loss, security breaches, business interruption, indirect damages, or system failures resulting from use of the ONUMA SYSTEM™, even if such events are caused by negligence or known limitations.

The ONUMA SYSTEM™ is a tool. ONUMA Inc. disclaims all responsibility for how it is used. Users are responsible for verifying the outcomes of imports, exports, calculations, and AI-generated suggestions. Bugs, version changes, and interoperability issues may arise; ONUMA makes no warranties regarding compatibility with other software or systems.

ONUMA Inc. may update these terms at any time. Continued use of the system after updates constitutes acceptance. If users do not agree to the updated terms, they may discontinue use and, if under a prepaid term, request a prorated refund for the unused portion of the subscription.

If you do not accept these terms in full, do not use the ONUMA SYSTEM™

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7-EXCLUSION OF ALL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONUMA INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE ONUMA WEB APPLICATION TO ACCESS THE ONUMA SYSTEM TM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONUMA INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ONUMA INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY AMOUNT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY THE SUBSCRIBER FOR THE USE OF THE ONUMA WEB APPLICATION TO ACCESS THE ONUMA SYSTEM TM.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SUBSCRIBER HEREBY RELEASES ONUMA INC. AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE USE OF THE ONUMA WEB APPLICATION TO ACCESS THE ONUMA SYSTEM TM.

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8-TECHNICAL SUPPORT

For efficient and effective assistance, SUBSCRIBERS are encouraged to use the 'GET IN TOUCH' button available within the ONUMA WEB APPLICATION for reporting bugs or for any queries. This method is the fastest way to communicate with our support team and provides us with context-aware information based on where the contact is initiated within the APP.

Note that this context-aware approach allows us to understand and respond to your queries or issues more accurately and promptly. As such, we strongly recommend using the 'GET IN TOUCH' feature for all communications related to the ONUMA WEB APPLICATION.

Communications via emails and phone calls do not provide the same level of context accuracy and, therefore, will not be responded to.

Do not contact ONUMA INC. or third-party vendors for technical support. Help files provide many answers to technical questions.

This ONUMA SYSTEM TM license does not include technical support.

ONUMA INC. provides separate outside services support that are not part of licensing the ONUMA SYSTEM TM.

Technical support is available on an hourly basis.

Contact: using the GET IN TOUCH button through the ONUMA contact page: https://www.onuma-bim.com/contact

ONUMA Inc. at 1055 E. Colorado Blvd, Pasadena, CA 91106. or

9. Access Control Responsibility

Each organization using the ONUMA SYSTEM™ is solely responsible for managing its users, including assigning and revoking access rights to projects, buildings, and system data. ONUMA provides tools for administrators to add, remove, or modify user permissions, but ONUMA does not monitor or intervene in organizational user management.

In the event that an employee or contractor leaves, is reassigned, or is otherwise no longer authorized to access ONUMA projects, it is the responsibility of the organization to promptly disable or remove that user’s account or access privileges.

ONUMA Inc. is not responsible for any unauthorized access, data loss, or misuse resulting from failure to appropriately manage internal user roles or permissions.

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10. Additional References

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END USER LICENSE AGREEMENT (“EULA”) and SERVICE LEVEL AGREEMENT (“SLA”) for the ONUMA SYSTEM TM