1. Acceptance
These terms and conditions of use (the “Conditions”) regulate the access and/or use that you (the “User”) make of the applications, web pages, content, products and services (the “Services”), including the mobile application or “App” called “Buildpeer” (“BP App”) and the website available at www.buildpeer.com offered by Plan Board, S.A.P.I. de C.V. (“Buildpeer”), a public limited company promoting variable capital, with registered address at Lazaro Garza Ayala 1214, Floor 1 South, Colonia Zona Palo Blanco in San Pedro Garza García, New León, Mexico, CP 66230. We may be referred to throughout these Terms as Buildpeer or us, and you may be referred to as a User or you. These Terms are concluded between Buildpeer and the User and are a legally binding contract. The User grants their consent to the Terms when using our Services and is obliged to them. If they do not fully and completely accept the Terms, the User must refrain from using the Services. The mere download of the BP App implies recognition and acceptance of these Terms of Use. If You and Buildpeer have entered into another separate contract to regulate the use of the Services, that contract will take precedence over these Terms of Use, and it will be that contract that will govern the relationship between You and Buildpeer.
2. Registration
The User must register in order to use the Services. The User may use their email account to register or create a new account through the BP App or the Buildpeer website. The User also states that they are at least 18 (eighteen) years of age to be eligible to use the Services. When registering and creating your account, you must provide certain identification data such as your email and contact details. You agree that the information provided to us is accurate and true, and that it will be kept up to date at all times. The User is responsible for all the activity that occurs in their account and undertakes to keep their account username and password secure and secret at all times. You must immediately notify Buildpeer in the event that an unauthorized third party becomes aware of the password or if you become aware of any unauthorized use of your email address or any breach of security to the following email address info@buildpeer.com. The User accepts that Buildpeer will not be responsible or assume any responsibility if a person who obtains your password uses the Services. You may have the right to create additional accounts (“Additional Accounts”) to be used by other users affiliated with you or with projects that you develop together, and that are managed from your account. If additional accounts are obtained, it will be the User's responsibility to have those additional accounts used by the people authorized by the User, and the User will be solely responsible to Buildpeer for the correct use of their account and the additional accounts under their management. The User will not create more than one account and will not create another account if we already deactivate his account, unless he has our written authorization to do so.
3. Privacy
The treatment and use we give to the User's personal data will be in accordance with the provisions of Buildpeer's privacy notice, the “Privacy Notice” available at www.buildpeer.com.
4. Payments
You agree to pay for the activation of Buildpeer projects that have been purchased in order to manage projects with your account (the “Projects”). This does not matter if said agreement to manage Projects was made through the signing of a written or verbal contract, and the payment of project activation fees will include all applicable taxes (“Activation”). Activation payments will be non-refundable. Buildpeer reserves the right to change or update the charges for Activations, and will not be obliged to notify changes or updates to the rates applicable to the Activation of new Projects that the User intends to use in the future. In any case, Buildpeer will respect the Activation fees for Projects that have already been agreed with the User. If continuous or partial payments have been agreed for the Activation of certain Projects, and the User fails to pay in time for the Activation of such Projects, Buildpeer reserves the right to cancel and/or suspend the User's access to their account and/or cancel or suspend the Activation of the Project in question, as Buildpeer deems it most convenient. Any late payment for Activation will not automatically give you the right to reinstate the Projects and/or accounts that Buildpeer has suspended. If periodic payments for Activations have been agreed using credit or debit cards, Buildpeer may pre-authorize these payment methods to ensure that there are the necessary funds for the payment of the Activations.
5. Third-party services
Through Buildpeer and through the Services, the User may use services or functionalities operated by third parties or even operated jointly by Buildpeer and third parties, therefore the User agrees to be bound by the terms and conditions of the third-party services. Buildpeer will not be responsible for the terms and conditions of such third parties or for actions taken as a result of such terms and conditions.
5.1 Translation Service
The User hereby acknowledges that within the applications of the Services, Buildpeer has enabled a translation function. Buildpeer is not responsible for the accuracy and/or veracity of the translations that result when using such translation services. Therefore, the User recognizes that it is their responsibility to verify the result of the translations, and therefore they cannot claim any amount or concept from Buildpeer in case of any damage or impairment that may be caused by inaccuracies or errors that are caused by the translation function.
6. Non-exclusive license
Buildpeer grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services and access and use of any content, information and related materials that may be made available through the Services. This license is granted for commercial use. The Services and all related rights are and will remain the property of Buildpeer or its licensors. Neither of these Terms nor the use of the Services transfer or grant the User rights in or in connection with the Services, with the exception of the license granted previously. Certain functions of the Services may allow users to publish or manage a variety of content, including plans, maps, calculations, documents, messages, images, text, audio and video, as well as other work content (the “User Content”). Between You and Buildpeer, You will retain all ownership and responsibility for the User Content that is generated or published on the BP App. Except as provided in the following paragraph, there will be no transfer of intellectual or industrial property with respect to the User Content to Buildpeer. By publishing User Content as part of the Services, the User grants Buildpeer, its subsidiaries, licensors and successors, a non-exclusive, transferable, sublicensable, free license to: a) Copy, store, reproduce, publish, record, adapt, modify and distribute, in whole or in part, the User Content, in any way that is reasonably reasonable necessary to provide the Services;
b) Add information and prepare derivative works from the content or incorporate the content into other works, including the right to share and publish such information, provided that in such works the information in the User Content does not personally identify the User or its affiliates;
c) Promote, disseminate, display, represent and publicly display content submitted to the Services;
d) Grant sublicenses for the above. This license is granted for the purpose of operating, providing, promoting, developing and improving the Services as well as developing new ones.
7. User Content
The User is solely responsible for the content and information that he posts, uploads, links, transmits, records, or makes available on the Services or transmits to other users, including text messages, documents, plans, conversations or “chats”, videos, streaming, photographs, either publicly or privately. Users are solely responsible for compliance with applicable legislation regarding publications, and they recognize that the Services are nothing more than a platform for making public and/or communicating or managing User Content. The User declares and guarantees that any publication and use of their Content is the User's own, and that it does not infringe or violate the rights of third parties. In addition, the User accepts that any content posted on the Services can be viewed by other Users and can be viewed by anyone who visits or participates in the Service. Much of the content on our Services is produced by Users or third parties. Whether such content is transmitted publicly or sent privately, the content is the sole responsibility of the User or the third party who posted or sent it. Buildpeer reserves the right to review all content that appears on the Services and may remove content that violates these Terms, however, we assume no responsibility for the content provided by other Users or third parties through the Services. Buildpeer and its designees reserve the right to control, restrict access to, edit or delete any content that is available through the Services. The User accepts and recognizes that, although, the User Content that is stored using the Services is intended to be seen and shared by other Authorized Users in a given Project; Buildpeer cannot guarantee the confidentiality and secrecy of such User Content beyond the implementation of access to Users with their passwords. The User expressly accepts that when posting User Content using the Services, there is a risk that third parties may obtain access to such information, and accepts and recognizes that Buildpeer is not and will not be responsible for maintaining the confidentiality or secrecy of the User Content. The User will be solely responsible for backing up the information that makes up the User Content and that may be uploaded to the BP App. Buildpeer will not be responsible for any damage that the User may suffer as a result of the loss or corruption of User Content that may occur while using the Services.
8. Rules of Use
The use of the Services is for commercial use and management of the User's Projects, including their Additional Accounts, if applicable. Errors and Omissions: Buildpeer will make reasonable efforts to correct any errors or omissions as soon as possible after being notified of them. Buildpeer reserves the right to change, modify, replace, suspend or remove without notice any service, information or advertisement on the Services. Viruses, malware and similar things: Buildpeer makes no warranty that the Services are free of viruses, malware or anything else that could have a harmful effect on any technology. Buildpeer is not responsible for any damage that this type of situation may be caused to Users. Stop access: Although we will try to allow uninterrupted access to the Services, access to them may be suspended, restricted or terminated at any time and for any reason. Buildpeer also reserves the right to block access and/or to edit or delete any material that, in its reasonable opinion, may result in a breach of any of the Terms. Technology: Buildpeer assumes no responsibility for the functionality that depends on the User's browser or other third-party software to operate. We do not guarantee that the Services will support all browsers, cell phones or operating systems. Withdrawal: Buildpeer may always, and at any time, remove any information or any aspect of the Services at any time.
9. Restrictions on Use
The following uses of the Services are expressly prohibited and the User undertakes not to do (and not to allow any person to do) any of the following:
a) Use the Services for fraudulent purposes;
b) Use a device, software or technique to interfere or attempt to interfere with the proper functioning of the Services;
c) Post or transmit to the Services any illegal, fraudulent, defamatory, obscene or information of any kind, including any information that contains a virus, error or other harmful element;
d) Publish, execute, distribute, prepare, copy, reverse engineer, or use the content of the Services for any purpose other than for which we designed it or those intended to be used;
e) Post or transmit to or on the Services any information that violates the copyright or intellectual property rights of third parties;
f) Take measures that may damage, disable, overload or deteriorate the infrastructure of the Services;
g) Attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Buildpeer server through hacking, password mining or any other means;
(h) Promote racism, intolerance, hatred or physical harm of any kind against any group or individual;
i) Provide content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive;
j) Take any action that may interfere with the use and enjoyment of the Services by third parties.
10. Interaction with other Users.
The User is solely responsible for interactions with other Users, so Buildpeer, including its shareholders or employees, will not be responsible for the conduct of any User and for damages resulting from communications or encounters with other Users.
11. Suspension and Termination
If the User uses (or any other person with their authorization uses) the Services in contravention of these Terms, we may suspend their use of the Services (in whole or in part). If we take such measures, we may refuse to allow your access to the Services until we receive a guarantee, in a form that we consider acceptable, that there will be no other violation of the provisions of the Terms, or we may refuse to allow the User access to the Services at all, for which we will proceed to delete your account. This without the User's right to have their payment reimbursed for previously paid Activations.
Particular reasons for the suspension: Buildpeer will have the right immediately or at any time (in whole or in part) to: i) suspend the Services; ii) suspend the User's use of the Services; iii) suspend the use of the Services for people we believe are connected (in any way) to the User; or iv) suspend access to certain Projects, if the User:
a) You fail to comply with these Terms;
b) We suspect, for reasonable reasons, that you have, may or will be in breach of these Terms; or
c) We suspect, for reasonable reasons, that you may have committed or are committing fraud against Buildpeer or any person.
12. Network access, devices and data charges.
The User is responsible for obtaining access to the data network necessary to use the Services and for acquiring and updating the compatible hardware or devices necessary to access and use the Services and any updates thereto. Buildpeer does not guarantee that the Services, or any part of them, will work on any hardware or device. The User is responsible for assuming any mobile phone expenses incurred when using our Services, including charges applied for data traffic and for sending text messages.
13. Intellectual Property
The use of our Services does not grant the User any intellectual property rights to our Services or the content they access. All intellectual property rights (including copyrights, patents, trademarks, service marks, trade names, domain names, designs, registered or not) in the Services, the BP App, the materials, information and content of the Services, any database operated by Buildpeer, all design, algorithms, text, graphics, software, photos, video, music, sound, data, all software builds, underlying source code and the software of the Services (including applets and scripts), and all their selection, coordination, arrangement and improvement are the property of Buildpeer. The User may not, and will not attempt, to obtain any ownership or title to such assets. All rights are reserved. None of the materials listed in the preceding paragraph, in whole or in part, may be reproduced, distributed, copied, modified, published, downloaded, displayed, published, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written authorization of Buildpeer. Any violation of these restrictions may result in an intellectual and industrial property violation and may be subject to civil and/or criminal penalties. The logos, designs and variations of them found on the Services are registered trademarks owned by Buildpeer or its licensors and all use of these marks will benefit Builpeer. The User may not use the names, logos or marks owned by Buildpeer or its licensors without the express authorization of Buildpeer. The User must not (and must not allow or facilitate any other person to) decompile, reverse engineer, disassemble or reduce any part of any of the Buildpeer software (including the Services) to a readable format.
14. Modifications/updates
The User accepts that the Services are offered as they are. The User accepts that Buildpeer has not provided any specific warranty regarding the operation of the Services for a particular use, and Buildpeer cannot guarantee the uninterrupted continuity of the Services. The User agrees that Buildpeer reserves the right at any time to modify or interrupt, temporarily or permanently, the Services (or any part of them) with or without notice. The User agrees that Buildpeer will not be responsible to you or any third party for any modification, suspension or interruption of the Services. The User agrees that the Services may automatically download and install improvements, updates and new features. The User can configure these automatic downloads through the settings of their devices. The User recognizes and accepts that the Services may use Cookies (the “Cookies”). Cookies are small files that are installed on the hard drive, with a limited duration in time that help customize the Services. The Services offer certain features that are only available through the use of Cookies.
15. Assignment
The User may not assign or transfer these Terms, in whole or in part, without the prior written consent of Buildpeer. However, the User authorizes Buildpeer to assign or transfer these Terms, in whole or in part, to any third party.
16. Illegality of provisions
Any express waiver or failure to promptly exercise any right under the Terms will not create a continuing waiver or any expectation of non-application. If any provision of the Terms is found to be invalid, illegal, void or unenforceable, either in whole or in part, by any law or regulation or by any court or arbitrator, the User and Buildpeer agree that such provision will be replaced by a new one that fulfils the purpose of the original business, and the other provisions of the Terms will remain in full force and effect. These Terms constitute the entire contract and replace any previous agreement entered into by the User and Buildpeer.
17. Indemnity
You agree that you will be responsible for the proper use of the Services, and you agree to compensate and release Buildpeer, its employees, officers, directors, shareholders and/or affiliates, in peace and security, from any claim that any third party may bring, including the reasonable cost of legal fees, and that such claim stems from or is connected with: i) the misuse of the Services; ii) the violation of these Terms; iii) any violation of the User's rights of third parties; iv) the Content of the User; or any dispute between the User and third parties. Buildpeer reserves the right to assume the defense of any of the claims set out here, and in that case the User undertakes to cooperate with the defense of said claim.
18. Applicable Legislation
The User and Buildpeer accept that these Terms are concluded in accordance with applicable laws in the United Mexican States. For the interpretation and execution of the same, the User and Buildpeer agree to submit to the jurisdiction of the competent courts of the city of Monterrey, Nuevo León, renouncing from this moment on any other jurisdiction that may be applicable because of their domiciles or any other circumstance.
19. Amendments to the Conditions
Buildpeer reserves the right to make changes and modifications to these Conditions at any time, without the need to notify the User. It will be the sole responsibility of the User to review the updated Terms, and by continuing to use the Services, you expressly accept that you are still subject to the latest updated version of these Terms.
20. Consent to receive electronic communications
By using the Services, you agree to receive certain electronic communications from us and other users, as detailed in the Privacy Notice. Additionally, you agree that your email may be used as a means of receiving any type of notice, notification, disclosure or other communications to satisfy any legal notification requirement related to these Terms, the use of the Services, or any other contract between the User and Buildpeer.
Where to contact us
Buildpeer would be happy to receive your feedback, questions or suggestions.
You can contact us by sending an email to admin@buildpeer.com.
