TERMS OF SERVICE CONSTRUCT SOFTWARE LTD.
This site, mobile applications and its contents (“Construct App” or “platform”) are the exclusive property of Construct Software Limitada (Construct), a Brazilian company registered at CNPJ/MF under the nº 21.462.309/0001-73, located at Rua Sergipe, 1014 room 501 – Belo Horizonte, Minas Gerais, Brazil.
Construct App is a online plataform provided as “Software as a Service ” (SaaS), which serves to connect employees on projects to their companies, using the website “http://app.consructlatam.com” and the mobile apps available in the applications stores for iOS and Android.
BY USING CONSTRUCT APP, YOU FULLY AGREE TO THE FOLLOWING TERMS OF SERVICE, BEING BINDING WHICH DEFINES THE CONDITIONS OF ACCESS TO THE PLATFORM BY THE CUSTOMER AND THE USER. THE VALIDITY OF THIS AGREEMENT BEGINS ON THE FIRST DAY OF USAGE UNTIL THE MOMENT THE CUSTOMER REQUESTS THE DISCONTINUATION OF THE SERVICE OR UNTIL THE MOMENT PROOF OF PAYMENT COULD NOT BE IDENTIFIED, WHICH WILL SUSPEND ACCESS AND SUBSEQUENT CANCELLATION AS DEFINED BELOW.
The company Construct is the exclusive holder of Construct App and reserves the right to modify, with previous warning, the present agreement of general use to fit with the effective laws, jurisdiction and habits of the market where it is used.
Construct App is directed to companies [customer(s)] and their employees [user(s)], over 18 years of age..
The customer may be an individual, business entity or representative of several business entities who will be the users of the app.
In order for any individual to receive access to Construct App, it is necessary to previously complete our sign up in in which the customer volunteeringly provides certain informations.
In the case of corporate customers, it is necessary to indicate the email, telephone number, CNPJ and full name of the company’s representative for use of Construct App (“corporate informations”). In the case of individual customers it will be necessary to share the email, telephone number and birthday (“personal informations”).
- Access to the Construct Platform
2.1 Regarding Virtual Environments
The customer may access, through the site or mobile applications, Construct App and customize the access of users with certain permission sets in the way that is most useful to manage communication over the customer’s projects.
The values charged to the customer correspond exclusively to the number of users that have access of Construct App and usage of specific functionalities as determined by the “chosen plan”, explained below.
2.2 Discontinuation and Extraction of Data
In the case of discontinuation, the customer is able to extract any data input by users into Construct App by generating a PDF report that is then sent by email.
2.3 Discontinuation of a Specific User
In the case of discontinuation of a specific user by a customer, Construct App will still allow the access to the informations input by this user. Only the access of this individual user will be blocked.
2.4 Access to a Customer’s Projects by Construct
Construct assumes that all data stored by our customers is confidential and that these informations can only be exchanged or shared by the customer’s users that have access to the platform. For this reason, Construct will not access customer project data and will not allow access to this data by third parties except in training or support projects that are created at the time of deployment to assist the customer in learning the product and keeping them up to date on product modifications.
It should be clarified that Construct may have access to the number of projects, notes, comments and files created within the platform by the customer, in order to generate usage metrics and to help customers get the most out of the platform.
2.5 Customer Access and Users Data
Each customer or user is able to assign the permission to one or more account administrators. These users are able to define the quantity of billable users on the platform at any moment using Construct App’s administrative panel.
The responsible administrators for the customer account might have access to all informations exchanged between users, even in projects where the individual administrative user was not previously granted access.
- Payment Values and Billing
3.1 Billing Process
Construct App has a monthly billing cycle based on the number of customer users and the chosen plan.
The method of billing may occur in one of two ways: (1) per user per month per customer, or (2) per customer per month under customized business plans.
In both situations the variation of price occurs based on: (i) the size of the customer, (ii) the number of customer users and (iii) the specific functionalities available based on the chosen business plan.
No penalties are charged based on fidelity besides the monthly period in which the application was used. Therefore, a customer could use the app for 1 month and discontinue any time. The customer is only responsible for payment of the month in which the user was discontinued.
The definition of the exact billing method and business plan will be sent to customers via email weather it was chosen directly on the website or negotiated by a Construct sales representative.
3.2 Payment Date, Number of Users, Monthly Invoices, Adding Users and Discontinuation of Users.
Monthly invoices are generated by automatic systems that show the number of registered, billable customer users. Payment is processed via a payment gateway. Construct sends these monthly invoices and steps to execute payment on the first weekday of every month via email. Receipt of payment has a deadline of 15 days after the issue date of the invoice.
The number of users will be defined by the customer at the moment a customer selects the business plan and can be changed at any time. Each indicated user included in a month pays for a whole month, independent of the effective use of the user.
The discontinuation of any specific user can be requested at any time by the customer via the customer’s administrator panel. However, users that are discontinued will still be charged for the whole month in which they were discontinued. The user will not be charged in the subsequent billing period.
3.3 Payment Methods.
Payment for usage of the Construct App, must be paid by the online payment system provided by Construct. Customer have the preference to choose between paying automatically via credit card or via an invoice.
In cases of payments realized via credit card, the process of collecting payment information and payment confirmation will be done by the payment gateway system. Construct’s site in this case only serves as an interface between the customer and the payment gateway system.
Access to the platform may be suspended if the credit card on file is not approved by the administrator and/or payment gateway. In any fraudulent situations regarding payment, the responsibility will not be that of Construct.
CONSTRUCT WILL NOT BE RESPONSIBLE FOR BANK DATA OR INCOMPLETE CREDIT CARD INFORMATION.
3.4 Payment Delinquency
Continued payment delinquency following the 15 days after the monthly invoice is issued incurs monthly fees. The delinquency fee is 1% of the customer’s monthly invoice and compounds. An additional 2% delinquency fee is charged to properly correct for the IGP-M/FGV taxes. Before any delinquency fee is charged, Construct is obligated to send 5 emails notifying the customer that payment was not received. If payment is still not received following these warnings, Construct reserves the right to restrict access to Construct App. A customer’s data will be still storage. If after an additional month payment still does not occur Construct reserves the right to indefinitely restrict access access to Construct App and permanently erase the customer’s stored data.
3.5 Annual Readjustment of Pricing.
The value of the monthly fee charged per user based on the customer’s business plan will be annually readjusted according the variation of the IGP-M/FGV or any other government approved index that comes to replace it.
- Intellectual Property
All the rights related to Construct App and its functionalities are the exclusive property of Construct, including texts, images, layouts, codes, databases and any other contents produced directly or indirectly produced by Construct.
All materials created by users of a customer and input into Construct App are the property of the customer.
It is expressly forbidden the undue use of any content or trademarks registered at the site. Any attempt to any attempts to copy, distribute, reverse engineer, display or disclosure of platform features shall be construed as a restriction or waiver of Construct’s rights to Construct App.
- Responsibilities of Construct
5.1 Stored and vehicular data.
Construct App stores private informations about strategies and project data of its customers. One of the the platform’s main differentiations when compared to other mobile solutions in the market is the control, privacy and secrecy of the customer’s informations. Construct is committed to keeping any stored and vehicular data by users and customers of Construct App private under civil penalty.
This data may only be shared in cases of civil provisions or when ideological fraud is detected. An example of ideological fraud is incorrect use of the platform (use of fake names and or documents) with the purpose of generating significant damages to Construct, users or any other third parties. Names, address,etc. of the individual engaged in such fraud may be provided to the authorities or injured parties under such circumstances.
5.2 Navigation and storage quality
Construct uses Amazon Web Services servers and aims to always ensure the best quality of Construct App’s performance in order to guarantee any types of interruption 24 hours per day.
However, it Construct is not liable for any failure to access or navigate Construct App arising from circumstances beyond its control, including, without limitation, general internet failures, power outages, electronic and / or physical malfunction of any network, telecommunications, interruptions or suspensions of connection and failures of software and / or hardware of the user, as well as scheduled stoppages for maintenance, updates and configuration adjustments to the platform.
5.3 Customer and user responsibilities
It is customer’s responsibility to i) keep the digital form of active users up to date ii) remove or add users when necessary at the administrator’s control panel iii) keep payment and billing information up to date.
It is the responsibility of users to i) keep the environments of access such as mobile devices and computers safe through specific tools such as antivirus software, firewall protection and others, to prevent any type of digital risk ii) use of the most up to date operational systems and application versions to fully use Construct App iii) equip users with all hardware devices and internet connection necessary to access to the site iv) maintain the secrecy of any access access credentials such as usernames or passwords.
- Final dispositions.
These terms of service can be modified at any time at the discretion of Construct. Construct is required to previously inform the users and customers via electronic means of communication such as email or notes posted to a client’s support project. In cases of significant amendments or decreases of the users rights, Construct shall send an email to all registered users pointing when changes to this document will be amended and take effect. Users may, at their sole discretion, delete their subscription from Construct App if they do not agree with the planned changes.
This terms of service are governed under the laws of the Federal Republic of Brazil (Republica Federativo do Brasil) and in full agreement with the civil consumer protection codes ( Código de defesa do consumidor) lei 8.078, september 11, 1990. The questions and any unpredicted situations not identified in this terms of service must first attempted to be settled by Construct and if not solved, will be under the effective laws of the Federal Republic of Brazil
Any doubts or requests related to these terms of service should be sent to Construct through the email firstname.lastname@example.org.
The last changes to these terms of service was posted on February 1, 2017.