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Terms of Service

BuildPass Terms of Service can be read below

BUILDPASS INC. EIN: 37-2168499 — TERMS OF SERVICE

INTRODUCTION

BuildPass is a digital platform to effectively manage building projects and construction sites. Use of BuildPass is subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • Account means a registered account with BuildPass.
  • Administrator means any User authorised to administer BuildPass on behalf of the Customer.
  • BuildPass means the "BuildPass" SaaS digital construction management platform owned and operated by the Company.
  • Company means BuildPass Inc. EIN: 37-2168499.
  • Confidential Information means any written or verbal information deemed confidential, proprietary, or personal information within the meaning of the Privacy Act and GDPR.
  • Contractor means a business engaged by the Customer to complete work for a Project.
  • Customer means the entity that BuildPass is licensed to for management of Projects.
  • Fee means any fee charged by the Company for access to and use of BuildPass.
  • Implementation Services means any services provided by the Company to the Customer for the installation and deployment of BuildPass.
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, databases, trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Project means a construction project that is created under a Customer's Account.
  • Staff User means an individual authorised to access a Customer's Account.
  • Subscription Fee means a Fee charged by the Company in advance on a periodical basis.
  • Subscription Level means the tier of subscription plan available to the Customer.
  • User means any registered user of BuildPass including a Customer, Staff User, Contractor and Worker.
  • User Data means all information, data, documents, and other materials entered or uploaded into BuildPass by a User.
  • Worker means an employee or independent contractor of the Contractor that performs work on a Project.

1. AGREEMENT

1.1 The licence granted under these Terms of Service shall be ongoing until terminated in accordance with these Terms of Service.

1.2 The User agrees that all use of BuildPass is subject to these Terms of Service and must immediately cease to use BuildPass if the User can no longer agree or adhere to these Terms of Service.

1.3 The Company may suspend an Account or restrict the access of any User that breaches these Terms of Service.

2. USING BUILDPASS

2.1 Account — To use BuildPass, the User must have set up an Account with accurate and complete information.

2.2 Staff Users & Administrator — The Customer may invite Staff Users to access its Account, subject to the Staff User Limit. The Customer shall authorise one or more Staff Users to be an Administrator who may authorise Users and manage access permissions.

2.3 Workers — The Contractor shall be primarily responsible for adding and managing Workers, who must each agree to and comply with these Terms of Service.

2.4 Features — The Company shall provide the User with access to and use of the features as agreed between the parties and provided within BuildPass from time-to-time.

2.5 Projects — The primary feature of BuildPass is to create and manage Projects. There shall be no limit on the number of Projects managed under a single Account, and/or the number of Contractors or Workers linked to a single Project.

2.6 Standard Documents — The Company may provide access to template documents, forms, and checklists. The User must review and exercise due diligence when using standard documents. The Company accepts no responsibility for any loss from reliance on standard documents.

3. FEES

3.1 Subscription Fee — The primary Fee shall be the Subscription Fee, payable in advance for the subscription period elected by the Customer. Subscriptions of different levels and varying lengths including monthly and annual are offered.

3.2 Subscription Renewals — Subscription Fees will automatically renew on an ongoing basis at the end of the agreed subscription period unless cancelled by the Customer. No refund is provided for the current subscription period upon cancellation.

3.3 Variation to Fees — The Company may vary the Subscription Fee by giving written notice. New Fees will only apply after the end of the current billing cycle. If the Customer does not accept a change to any Fees, they may terminate these Terms of Service.

3.4 Payment, Currency and Invoices — All Fees shall be made via the Payment Gateway. All Fees are payable in Australian dollars, though transactions may be processed in equivalent foreign currency. GST is applicable to any Fees charged.

3.5 Refunds — No refunds on Fees are offered except where required under law or as agreed at the absolute discretion of the Company.

3.6 Late Payment — If the Customer does not pay Fees as required, the Company may suspend access. If Fees are not brought out of arrears within 28 days, the Company may delete the Account without notice.

4. USER DATA

4.1 The Company agrees to treat all User Data as Confidential Information.

4.2 By uploading User Data, the User acknowledges that such data may be shared with and accessible by other Users, especially the Customer and Staff Users associated with the relevant Project.

4.3 The User warrants that any User Data uploaded about an individual is provided with that individual's consent.

4.4–4.6 The Company accepts no liability for the content of User Data. The User is responsible for accuracy, quality and legality of any User Data uploaded.

4.7 The User grants the Company a worldwide, royalty-free license to use and incorporate User Data within BuildPass for the purposes of providing the service.

4.8–4.10 The Company shall not access User Data except where required by law or upon the User's authority. The Company may delete User Data on termination.

5. GENERAL CONDITIONS

5.1 Licence — The User is granted a limited, non-exclusive, non-transferrable and revocable licence to access and use BuildPass.

5.2 Modification of Terms — The Company may modify these Terms of Service from time-to-time. Material changes will be notified to the User.

5.3 Software-as-a-Service — BuildPass is hosted and managed exclusively by the Company. The Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter BuildPass.

5.4 Support — The Company shall provide reasonable support services as agreed. Additional fees may be charged for non-standard support or Implementation Services.

5.5 Use & Availability — The User shall only use BuildPass for legal purposes. The User is solely responsible for the security of their username and password. Access may be prevented by issues outside of the Company's control.

5.6 Privacy — The Company maintains the Privacy Policy in compliance with the Privacy Act and GDPR. BuildPass may use cookies to improve the User's experience.

5.7 Data — The Company takes the security of BuildPass and the privacy of its Users very seriously. Data is stored and transmitted according to accepted industry standards.

5.8 Intellectual Property — Title to and all Intellectual Property Rights in BuildPass remain the property of the Company. The User must not copy, adapt, reverse engineer, decompile, disassemble, or modify BuildPass.

5.9 Confidentiality — Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party.

6. LIABILITY & INDEMNITY

6.1 The User agrees that the Company shall not be liable for any loss or damage to the User, howsoever caused, including but not limited to indirect, incidental, special, consequential or punitive damages.

6.2 The User indemnifies and holds harmless the Company from and against any and all losses, damages, liabilities, claims, and expenses arising out of or in connection with the User's use of BuildPass.

6.3 The Company's total aggregate liability to the Customer for any claims arising under these Terms of Service shall not exceed the total amount of Fees paid by the Customer in the 12 months preceding the claim.

7. TERMINATION

7.1 Either party may terminate these Terms of Service by giving 30 days' written notice. For the avoidance of doubt, the Company shall not exercise its right of termination under this clause solely for the purpose of renegotiating the commercial terms of the agreement.

7.2 The Company may terminate immediately if the User breaches these Terms of Service or if Fees remain unpaid beyond the grace period.

7.3 Upon termination, the User's access to BuildPass and User Data will cease. The Company may delete User Data from its systems after termination.

8. GENERAL

8.1 These Terms of Service are governed by the laws of the State of Texas, United States.

8.2 If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.3 These Terms of Service constitute the entire agreement between the parties with respect to the subject matter.

8.4 The Company may assign or transfer its rights and obligations under these Terms of Service without consent of the User.

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