Last updated 12 June 2025
1. Introduction
a. These Data Consent Terms (Data Consent Terms) apply to the Customer’s use of any data analytics, artificial intelligence solution or machine learning algorithm provided by Bentley (Solution), and as may be modified in future.
b. The Customer is a user of products provided by Bentley and wishes to contribute certain images, data and/or associated information as provided by Customer (Training Data) to support the development, improvement, validating the capability of and testing of certain proprietary software products developed by Bentley, including training Solutions, on the terms set out below (Purpose).
c. These Data Consent Terms are incorporated into and made part of the Seequent Product Terms (available at https://www.seequent.com/legal-privacy/product-terms/), or other such agreement for Products (Contract) between Bentley and the Customer. In the event of a conflict between these Data Consent Terms and the terms of the Contract, these Data Consent Terms prevail.
d. Capitalized terms used in these Data Consent Terms shall have the respective meanings ascribed to such terms in the Contract, unless otherwise defined in these Data Consent Terms.
2. Provision and Use of Data
a. For good and valuable consideration, the Customer grants Bentley, at no cost, a non-exclusive, worldwide, non-transferrable, non-sublicensable, enterprise-wide licence to use, copy, reproduce, adapt, to create data and data sets and prepare derivative works that are not identifiable to the Customer or the Customer’s authorized users (De-Identified Data) based upon the Training Data for the Purpose.
b. The Customer may withdraw its consent for Bentley to use the Training Data by 90 days’ written notice to Bentley, in which case Bentley will no longer use the Training Data for the Purpose. Such withdrawal of consent does not affect Bentley’s right to operate existing Solutions that were trained using the Training Data.
c. The Customer represents that it (i) has provided all notices to, and obtained all consents and authorizations from, individuals that are required by applicable law; and (ii) has the lawful right, in each case to provide the Training Data to Bentley for the Purpose.
d. Bentley will ensure that (i) the Training Data is held securely and using reasonable measures so that it is held as securely as the measures Bentley takes to secure its own confidential information; (ii) only personnel within or authorized by Bentley access and use the Training Data on a “need to know” basis and strictly for the Purpose; and (iii) the Training Data is not otherwise disclosed to any third party outside of Bentley. The original Dataset will be held in a secure training data repository.
e. Where Bentley no longer requires the Training Data for the Purpose or the Customer withdraws consent pursuant to clause 2b., whichever is earlier, Bentley will dispose of the Training Data.
3. Intellectual Property Rights
a. All right, title and interest in the intellectual property in the Training Data and any other data provided by the Customer to Bentley is owned by the Customer and will remain with the Customer.
b. All right, title and interest in the intellectual property in any resulting materials, products, or outputs which have been or are in the future created, conceived, developed or acquired by Bentley, and all modifications, improvements, enhancements, derivative works and compilations (Bentley IP) is owned by Bentley and will remain with Bentley. Bentley IP includes, but is not limited to, outputs developed using the Training Data, all De-Identified Data, and any other Bentley property, methodologies, techniques, algorithms, aggregated results of such machine learning, any artificial intelligence solutions or machine learning algorithms trained using the Training Data, any templates, annotations, logic flow, formulae, inventions, methods, systems, processes, protocols, works of authorship, data or other materials, including any intellectual property rights relating to any of the foregoing, which have been or are in the future created, conceived, developed or acquired by Bentley, and all modifications, improvements, enhancements, derivative works and compilations.
4. Term and Termination
a. These Data Consent Terms are effective as of the date the Customer acknowledges acceptance of them in a Statement of Work or other written agreement, and will continue until withdrawal of consent by the Customer pursuant to clause 2.b, regardless of the termination or expiry of the Contract or Statement or Work.
b. The following clauses of these Data Consent Terms will survive termination of these Data Consent Terms: Clauses 1, 2.a, 2.b, 2.d, 2.e, 3, and 4.