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 variable capital investment promotion corporation, located at Lazaro Garza Ayala 1214, Piso 1 Sur, Colonia Zona Palo Blanco in San Pedro Garza García, Nuevo León, Mexico, CP 66230. Throughout these Conditions, we may be referred to as Buildpeer or us, and you may be referred to as User or you. These Conditions are entered into between Buildpeer and the User and are a legally binding contract. The User consents to the Conditions by using our Services and is bound by them. If you do not fully and completely accept the Conditions, you must refrain from using the Services. Simply downloading the BP App implies acknowledgment and acceptance of these Conditions 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 Conditions of Use and will govern the relationship between You and Buildpeer.
2. Registration
The User must register 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 declares that they are at least 18 (eighteen) years old to be eligible to use the Services. When registering and creating your account, you must provide certain identification data such as your email address and contact information. You agree that the information provided is accurate and true, and that it will be kept up to date at all times. The User is responsible for all activity that occurs on their account and agrees to keep their username and password secure and confidential at all times. You must immediately notify Buildpeer if an unauthorized third party becomes aware of the password or if you become aware of any unauthorized use of your email address or any security breach at the following email address: info@buildpeer.com. The User agrees that Buildpeer will not be responsible or liable if someone who obtains your password uses the Services. You may have the right to create additional accounts (“Additional Accounts”) to use the services by other users affiliated with you or with projects you develop together, and which are managed from your account. If you obtain additional accounts, it will be the User's responsibility that these additional accounts are used by the persons authorized by the User, and the User will be solely responsible to Buildpeer for the proper use of their account and the additional accounts managed by them. The User will not create more than one account and will not create another account if we have already deactivated yours unless you have our written authorization to do so.
3. Privacy
The processing and use of the User's personal data will be carried out in accordance with the provisions of Buildpeer's privacy notice, the “Privacy Notice” available at www.buildpeer.com.
4. Payments
You agree to pay Buildpeer for the activation of projects that have been acquired in order to manage projects with your account (the “Projects”). This applies regardless of whether such agreement to manage Projects was made through a written or verbal contract, and the payments for project activation fees will include all applicable taxes (“Activation”). Activation payments are non-refundable. Buildpeer reserves the right to change or update the charges for Activations and is not obliged to notify changes or updates to the applicable fees for the Activation of new Projects that the User intends to use in the future. In any case, Buildpeer will honor the Activation fees for Projects that have already been agreed upon with the User. If continuous or partial payments for the Activation of certain Projects have been agreed upon, and the User fails to make timely payment 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 most appropriate. Late payment for Activation will not automatically entitle the User to the reinstatement of Projects and/or accounts that Buildpeer has suspended. If periodic payments for Activations have been agreed upon using credit or debit cards, Buildpeer may make pre-authorizations of such payment methods to ensure that the necessary funds are available for the Activation payments.
5. Third-Party Services
Through Buildpeer and 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 abide 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 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 resulting from using such translation services. Therefore, the User acknowledges that it is their responsibility to verify the results of the translations and, consequently, cannot claim any amount or concept from Buildpeer for any damage or loss that may be caused by inaccuracies or errors 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 any related content, information, and material made available through the Services. This license is granted for commercial use. The Services and all rights thereto are and will remain the property of Buildpeer or its licensors. Nothing in these Conditions nor the use of the Services transfers or grants the User any rights in or to the Services, except for the license granted above. Certain features of the Services may allow users to post 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 retain all ownership and responsibility for the User Content generated or posted on the BP App. Except as provided in the following paragraph, there will be no transfer of intellectual or industrial property rights regarding User Content to Buildpeer. By posting User Content as part of the Services, the User grants Buildpeer, its affiliates, licensees, and successors, a non-exclusive, transferable, sublicensable, royalty-free license to:
a) Copy, store, reproduce, publish, record, adapt, modify, and distribute, in whole or in part, the User Content in any manner reasonably necessary to provide the Services;
b) Aggregate information and prepare derivative works from the content or incorporate the content into other works, including the ability to share and publish such information, provided that in such works the information from the User Content is not personally identifiable to the User or their affiliates;
c) Promote, disseminate, display, perform, and publicly display the content submitted to the Services;
d) Grant sublicenses of the foregoing. 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 they post, upload, link, transmit, record, or make available on the Services or transmit to other users, including text messages, documents, plans, conversations or “chats,” videos, streaming, photographs, whether publicly or privately. Users are solely responsible for complying with applicable publication laws and acknowledge that the Services are merely a platform for making User Content public and/or communicating or managing User Content. The User represents and warrants that any posting and use of their Content is their own, and does not infringe or violate the rights of third parties. Additionally, the User agrees that any content they post on the Services may be viewed by other Users and may 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 third party who posted or sent it. Buildpeer reserves the right to review all content appearing on the Services and may remove any content that violates these Conditions; 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 monitor, restrict access to, edit, or remove any content available through the Services. The User acknowledges and agrees that while User Content stored using the Services is intended to be viewed and shared by other Users authorized on a specific Project, Buildpeer cannot guarantee the confidentiality and secrecy of such User Content beyond implementing user access with passwords. The User expressly agrees that by posting User Content using the Services, there is a risk that third parties may gain access to such information, and agrees and acknowledges that Buildpeer is not and will not be responsible for maintaining the confidentiality or secrecy of User Content. The User will be solely responsible for backing up the information that constitutes User Content and may be uploaded to the BP App. Buildpeer will not be responsible for any damage the User may suffer from the loss or corruption of User Content that may occur during the use of the services.
8. Rules of Use
The use of the Services is for commercial use and management of User 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, substitute, suspend, or delete without notice any service, information, or advertisement on the Services. Viruses, malware, and similar: Buildpeer does not warrant that the Services are free from viruses, malware, or any other harmful elements that may have a detrimental effect on any technology. Buildpeer is not responsible for the damages that such situations may cause to Users. Ceasing access: While 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 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, mobile phones, or operating systems. Removal: Buildpeer may at any time, and at its discretion, 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 agrees not to do (and not to allow any person to do) any of the following: a) Use the Services for fraudulent purposes; b) Use any 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 information that is illegal, fraudulent, defamatory, obscene, or of any kind, including any information containing 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 it was designed or 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 actions that may harm, 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 extraction, 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 by third parties of the Services.
10. Interaction with Other Users
The User is solely responsible for interactions with other Users; therefore Buildpeer, including its shareholders or employees, will not be responsible for the conduct of any User and the resulting damages 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 their access to the Services until we receive a guarantee, in a form we deem acceptable, that there will be no further violation of the provisions of the Terms, or we may refuse to allow the User access to the Services altogether, in which case we will delete their account. This will be without the right of the User to a refund for previously paid Activation fees.
Specific reasons for 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 persons we believe are connected (in any way) to the User; or iv) suspend access to certain Projects if the User:
a) Breaches these Terms;
b) We reasonably suspect that they have, may, or will breach these Terms; or
c) We reasonably suspect that they may have committed or are committing some fraud against Buildpeer or any person.
12. Network Access, Devices, and Data Charges
The User is responsible for obtaining the necessary data network access to use the Services and for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates to them. Buildpeer does not guarantee that the Services, or any part of them, will function on any hardware or device. The User is responsible for any mobile phone expenses incurred while using our Services, including charges applied for data traffic and text messaging.
13. Intellectual Property
The use of our Services does not grant the User any intellectual property rights over 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 compilations, underlying source code, and software of the Services (including applets and scripts), and all selection, coordination, arrangement, and enhancement is the property of Buildpeer. The User may not, and will not attempt to, obtain any ownership or title to such property. 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, posted, performed, or transmitted in any form or by any means, sold, rented, resold, licensed, or sublicensed, used to create derivative works, or otherwise exploited without the express prior written authorization of Buildpeer. Any violation of these restrictions may result in an infringement of intellectual and industrial property and may be subject to civil and/or criminal penalties. The logos, designs, and variations thereof found on the Services are registered trademarks owned by Buildpeer or its licensors, and all use of these trademarks will benefit Buildpeer. 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 Buildpeer's software (including the Services) to readable format.
14. Modifications/Updates
The User agrees that the Services are offered as-is. The User agrees that Buildpeer has not granted any specific warranty regarding the operation of the Services for any 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 discontinue, temporarily or permanently, the Services (or any part of them) with or without prior notice. The User agrees that Buildpeer will not be liable to them or any third party for any modification, suspension, or discontinuation of the Services. The User agrees that the Services may automatically download and install improvements, updates, and new functionalities. The User can configure these automatic downloads through their device settings. The User acknowledges and agrees that the Services may use Cookies ("Cookies"). Cookies are small files installed on the hard drive with a limited duration that help to personalize the Services. The Services offer certain functionalities 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. Invalidity 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-enforcement. If any provision of the Terms is deemed invalid, illegal, void, or unenforceable, whether 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 provision that fulfills the original business purpose, and the remaining provisions of the Terms will remain in full force and effect. These Terms constitute the entire agreement and supersede any prior agreement between the User and Buildpeer.
17. Indemnification
The User agrees to be responsible for the proper use of the Services and agrees to indemnify and hold harmless Buildpeer, its employees, officers, directors, shareholders, and/or affiliates from any claim that any third party may bring, including the reasonable cost of legal fees, arising from or connected with: i) improper use of the Services; ii) violation of these Terms; iii) any violation by the User of third-party rights; iv) User Content; or any dispute between the User and third parties. Buildpeer reserves the right to assume the defense of any of the claims mentioned herein, and in such case, the User agrees to cooperate with the defense of such claim.
18. Applicable Law
The User and Buildpeer agree that these Terms are entered into in accordance with the applicable laws of the United Mexican States. For the interpretation and execution thereof, the User and Buildpeer agree to submit to the jurisdiction of the competent courts of the city of Monterrey, Nuevo León, hereby waiving any other jurisdiction that may be applicable due to their domiciles or any other circumstance.
19. Modifications to the Terms
Buildpeer reserves the right to make changes and modifications to these Terms at any time without notifying the User. It will be the User's sole responsibility to review the updated Terms, and by continuing to use the Services, the User expressly agrees to be bound by 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 address may be used as a means to receive any type of notice, notification, disclosure, or other communications to satisfy any legal notification requirements related to these Terms, the use of the Services, or any other contract between the User and Buildpeer.
Where to contact us
Buildpeer welcomes your feedback, questions, or suggestions. You can contact us by sending an email to admin@buildpeer.com.
