Terms and Conditions

 

Welcome to Mobile Solutions for Construction .

IMPORTANT–PLEASE READ CAREFULLY. These Terms of Use (“Terms”) are an agreement between you and Mobile Solutions for Construction, a private company incorporated and existing under the laws of Russia. References to “us”, “we,”, “our” and “Mobile Solutions for Construction ” shall mean Mobile Solutions for Construction.

These Terms govern your access to and use of Mobile Solutions for Construction software, products, and/or services (individually or collectively, the “Products”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, licensed or appearing on or through the Products (collectively referred to as “Content”). These Terms apply to all visitors, users, and others who access and use the Products and/or Content (“Users”). References to “ you “ and “your” shall mean any User, including an individual, company, or legal entity which has an account with Mobile Solutions for Construction  and any individual who has been authorized by their company or legal entity under the terms of that company or legal entity’s agreement with Mobile Solutions for Construction to access and use the applicable Products and/or Content.

By accessing or using any of the Products and/or the Content, you agree that you are bound by these Terms.

In the event of any conflict between these Terms and the terms and conditions of any applicable written agreement you have entered into with Mobile Solutions for Construction, the terms and conditions of the written agreement shall prevail.

1. Basic terms and accounts

Your access to and/or use of the Products and/or the Content constitutes your acceptance of these Terms. You are responsible for your use of the Products and/or the Content in accordance with these Terms and with any applicable laws, rules and regulations to which you are subject

Your account with Mobile Solutions for Construction or legal entity’s account with Mobile Solutions for Construction gives you access to the relevant Product and/or Content with such services and functionality that we may establish and maintain from time to time and in our sole discretion.

We may maintain different types of accounts for different types of Users including the following. If you are accepting these Terms and using the Products and/or Content on behalf of a company or legal entity then

(a) “you” includes you and that entity, and

(b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Products and/or Content only in compliance with these Terms, along with any applicable agreement entered into by your company with Mobile Solutions for Construction relating to the Products and/or Content, and all applicable local, state, national, and international laws, rules and regulations.

In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for

(i) the online conduct of such User;

(ii) controlling the User’s access to and use of the Products and/or Content;

(iii) the consequences of any misuse by such User and (iv) ensuring that such User abides by all the Terms as regards that User’s use of the Product and/or the Content as if that User’s access and use of the Product and/or Content is you.

2. Privacy and use of personal information

2.1 Companies and their employees:

Mobile Solutions for Construction recognizes the importance of safeguarding and protecting data relating to companies using Mobile Solutions for Construction who in many cases will register their employees for Mobile Solutions for Construction accounts (“companies”), and to employees whose information we may receive from themselves or from their company (“employees”). As we set out below, companies determine how we receive student data contingent on the license arrangement they contract for with Mobile Solutions for Construction. These privacy and use of personal information terms relate to your use of the Mobile Solutions for Construction platform and set out the approach we take to protect your data.

For our privacy policy relating to the Mobile Solutions for Construction website (https://plotpad.com) see our Privacy Policy.

2.2 How we collect and use information:

2.2.1 Information about companies: we ask for certain information when a company administrator or other staff member creates a trial account with Mobile Solutions for Construction, including a name, company name, phone number, email address and password. We may also retain information when a company sends us a message via our website or through our platform “contact us” application, or by responding to emails. When a company starts using the our product, we will keep a record of the company user group’s use of the product. We use this information to support, maintain and continuously improve the product and the service we offer our users, to analyze our service offering, and to communicate with education institutions.

2.2.2 Individuals’ data: Mobile Solutions for Construction may receive personally identifiable information about employees (“employees data”) in the course of providing our products to companies. Mobile Solutions for Construction regards employee data as confidential and Mobile Solutions for Construction does not ever use employee data for any purpose other than to provide the products. Employee data may include personal identifiable information generated by your use of the Mobile Solutions for Construction product.

2.3 How your information is shared:

Mobile Solutions for Construction does not and never will rent, sell, or otherwise provide your data to any third party for marketing purposes. We may from time to time send all users including employee users important news about product changes that affect their experience of using the Mobile Solutions for Construction products.

We may also share information with third parties (e.g. analytics services) but only for the purposes of monitoring and managing the provision of the Mobile Solutions for Construction products. We may also be obliged to share information with law enforcement when compelled to do so, or to enforce our acceptable usage policy, or to protect other users of the Mobile Solutions for Construction products. In the event of a request by law enforcement agencies to obtain information, we will a) notify you within 24 hours of the receipt of such a request, and b) give you the opportunity to engage with the law enforcement agencies to determine whether you wish to seek a protective order.

In the event of any change of control of Mobile Solutions for Construction, if the ownership of Mobile Solutions for Construction changes or transfers, we will only transfer personally identifiable information if we receive written assurances that the new owner intends to operate Mobile Solutions for Construction as a going concern with a contractual obligation to adopt an approach to privacy and data protection as rigorous as our current approach and policies. In the event of a change of control, we will notify all customer companies and offer the option of an opt-out of the transfer of personally identifiable information.

With respect to EU institutions, Mobile Solutions for Construction adheres to the practices and provisions of the current EU Data protection directive 95/46/EC and will comply with the GDPR (General Data Protection Regulation) from May 25th 2018.

In either instance – a company or an employee sharing personally identifiable information – Mobile Solutions for Construction does not own, control, or license such data, except so as to provide the Products and/or Content as described herein.

2.4 Use of Mobile Solutions for Construction by organizations and individuals

Any information that you provide, have provided or may provide to Mobile Solutions for Construction and any information which may be collected by us in connection with your use of the Products and/or the Content, including first name, last name, email address, phone number, and any other information including personal information (“Your Information”), will be collected, maintained and used by us in order to provide the Products and/or Content to you or your organization, or in accordance with these Terms, our privacy policy located at Privacy Policy”, any additional terms applicable to an individual Product and/or Content, and any agreement entered into by your organization relating to the Product and/or Content. You understand that, through your use of the Products and/or Content, you consent to the collection and use (as set forth in these Terms, the Privacy Policy and any agreement entered into by your institution relating to the Product and/or Content) of Your Information, including the transfer of Your Information to the United States and/or other countries for storage, hosting, processing, and use by Mobile Solutions for Construction.

By accessing or using the Products and/or the Content, you hereby consent that Mobile Solutions for Construction may (i) use any or all of Your Information in connection or combination with other Mobile Solutions for Construction Products and/or Content to provide, maintain, protect and improve Products and/or Content and to develop new Products and/or Content and (ii) provide any or all of Your Information to third parties that provide certain functions and other services for Mobile Solutions for Construction or marketing in connection with the Products and/or Content, including without limitation the entity hosting or licensing the Products. We will never share your information with third parties for any purpose other than the marketing of Mobile Solutions for Construction Products and/or Content.

EU Data Protection

With respect to EU organizations, Mobile Solutions for Construction adheres to the practices and provisions of the current EU Data protection directive 95/46/EC and will comply with the GDPR (General Data Protection Regulation) from May 25th 2018.

How to contact Mobile Solutions for Construction for queries relating to privacy and use of personal information

If you have any questions regarding the privacy and use of your Information, please contact us at support@plotpad.com.

3. Content and your rights

You are responsible for Content that you post to the Products, and any consequences thereof. All Content must comply with these Terms and with the laws and regulations of any country and/or state in which such Content is accessible or used. You agree that you will indemnify Mobile Solutions for Construction and its directors, officers and employees for any losses, liabilities or damages that it or they may suffer or incur arising from any Content which you submit, post or display.

3.1 Content Settings

Content you create or post in Mobile Solutions for Construction is by default set to ‘Private’.

If you do wish to make content and data publicly available you can use privacy options, where they are available.

Content Rights

You retain your rights to any Content you submit, post, or display on or through the Products.

By submitting, posting or displaying Content on or through the Products, and where such content is set to ‘Public’, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence (with the right to sublicence) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this licence includes the right for us to provide, promote, and improve the Products and to make Content (typically public Content) submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

If you choose to leave your content or data public, you acknowledge this public availability and consent to other Users being able to access for read-only purposes as well as being able to duplicate or ‘fork’ such data into their own User account. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Products, and we cannot and will not accept any responsibility for any such Content. Any use or reliance on any Content posted via the Products or obtained by you through the Products is at your own risk.

Intellectual Property

Mobile Solutions for Construction respects the intellectual property rights of others and expects Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Any such Content will be deleted.

4. Support & Maintenance

Mobile Solutions for Construction support is offered to all Users of the Mobile Solutions for Construction Products and relates to system or application malfunctions. Mobile Solutions for Construction may choose, but is not obliged, to respond to support requests that ask how to use the software where such information is available in the online documentation. Should support requests be received that relate to Product usage where the appropriate documentation is missing then Mobile Solutions for Construction will undertake to rectify the documentation with 5 working days of notification and provide a suitable response within the support response period.

Mobile Solutions for Construction is not obliged to rectify issues that result from User error or action such as data deletion or modification.

Mobile Solutions for Construction offers support at no cost for all requests received that relate to the fundamental operational availability of the Products. Our response time for such incidents (excluding Russia Public Holidays) is 2 hours between the times of 06:00 and 14:00 GMT (Mon-Fri). Mobile Solutions for Construction maintains automated systems that monitor availability and automatically relay any issues directly to Mobile Solutions for Construction system administrators. Such issues are attended to by Mobile Solutions for Construction staff 365 days a year, 7 days a week and 24 hours a day. This level of support does not apply to any system availability that affects individual users.

Mobile Solutions for Construction offers standard end User support at no charge using email. Our response times are typically (excluding Russia Public Holidays) within 1-2 hours between 6:00 and 15:00 GMT (Mon-Fri), but no more than 8 business hours.

Maintenance & Updates

Mobile Solutions for Construction provides all system maintenance free of charge. Feature and maintenance updates are delivered to the User automatically and may occur at any time. The User may need to reload the Mobile Solutions for Construction application.

5. Registration obligations and passwords

You may never use another individual User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Mobile Solutions for Construction products that permit single sign-on to the Products) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to (a) notify Mobile Solutions for Construction of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

6. Termination

We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, (iii) our provision of the Products is no longer commercially viable, (iv) you are in breach of payment terms in relation to your licence fee, (v) the term of your licence has expired, or (vi) you are in breach of any of the applicable policies. In such a termination event, the licence granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your licence to use the Products, except that the following Sections shall continue to apply: 2, 3, 5, 6, 9, 10, and 11.

Further, if you stop using the Products for more than 12 months, your accounts may be deleted. If you wish to delete your Mobile Solutions for Construction Product account(s) in their entirety(ies), you may contact us via support@plotpad.com and specify which Mobile Solutions for Construction account(s) you wish to delete. We will delete your specified accounts within a 30 days, unless prohibited by law.

7. Disclaimers and limitations of liability

Please read this Section carefully since it limits the liability of Mobile Solutions for Construction and its parents, subsidiaries, affiliates, related companies, and each of their respective officers, directors, employees, agents, representatives, partners, shareholders and/or licensors (collectively, the “Mobile Solutions for Construction Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.

A. The Products are Available “AS-IS”

Your access to and use of the Products and/or any Content is at your own risk. You understand and agree that the Products and/or Content are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Mobile Solutions for Construction ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Mobile Solutions for Construction Entities or through the Products, will create any warranty not expressly made herein.

B. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE SOLUTIONS FOR CONSTRUCTION ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS AND/OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOBILE SOLUTIONS FOR CONSTRUCTION ENTITIES EXCEED THE AMOUNT YOU PAID MOBILE SOLUTIONS FOR CONSTRUCTION, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS AND/OR CONTENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CODIO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. General terms

A. Waiver and Severability

The failure of Mobile Solutions for Construction to enforce any right or provision of these Terms will not be deemed a waiver of them.

These Terms, our Privacy Policy and the Service Level Agreement and the terms of any written agreement you or your institution have entered into with Mobile Solutions for Construction are the entire and exclusive agreement between Mobile Solutions for Construction and you regarding the Products and/or the Content, and such policies and agreements supersede and replace any prior policies and agreements between Mobile Solutions for Construction and you regarding the Products and/or the Content. Other than members of the group of companies of which Mobile Solutions for Construction is the parent, no other person or company will be third party beneficiaries to the Terms.

Notwithstanding the foregoing, nothing in these Terms, our Privacy Policy or the Service Level Agreement supersedes or limits your rights under (1) the terms and conditions of any written agreement you or your institution has entered into with Mobile Solutions for Construction regarding the use of the Products and/or the Content, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms, our Privacy Policy or the Service Level Agreement and the terms and conditions of an applicable written agreement you your organization has entered into with Mobile Solutions for Construction, the terms and conditions of the written agreement shall prevail.

We may revise these Terms from time-to-time, the most current version will always be at the referenced link. If the revision, in our sole discretion, is material we will notify you through the Products or through the email associated with your profile. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.

These Products are operated and provided by Mobile Solutions for Construction, whose registered office address is:

112 Komsomolskaya St, Yoshkar-Ola, 424000 Russia

If you have any questions about these Terms, please email: support@plotpad.com.

Effective: August 12th, 2018