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TERMS AND CONDITIONS

1. Introduction

1.1 These Terms & Conditions (“Terms”) govern your access to and use of the web platform, mobile application(s) (Android, iOS), APIs, and all associated services (collectively, “Services”) provided by TrustBuild Private Limited (or “we”, “us”, “our”). 1.2 By downloading, installing, accessing, or using the Services, you (“you”, “User”, “Client”, “Subscriber”) agree to be bound by these Terms. If you disagree, do not use the Services.

2. Definitions

● Account: Your registered user account within the Services.

● Authorized Users: Your employees, contractors, agents who you permit to use the Services under your account.

● Device: Mobile device, tablet, computer, or other hardware you use to access the Services.

● Location Data: GPS, network, or other geolocation information collected by the app when enabled.

● Asset / Material Data: Records you input about assets, inventory, purchases, etc.

● Labour Data: Records you input about labour, time logs, attendance, assignments, and wages.

● Checklist / DPR: Daily progress reports, inspection checklists, site logs, photographic evidence.

● User Data: All data, content, records, files, photographs, reports, logs, documents, or entries you upload, input, or generate via the Services.

● Fees / Subscription: Charges, payments, or subscription plans you agree to in order to use paid features of the Services.

3. Access & License

3.1 Subject to your compliance with these Terms and payment of any applicable Fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations.

3.2 You agree to use the Services only for lawful business purposes, and not for any prohibited or illegal uses.

3.3 You may allow Authorized Users to access the Services under your account, provided you ensure they comply with these Terms.

4. Account Registration & Security

4.1 You must register an account with truthful, accurate, and up-to-date information.

4.2 You are responsible for maintaining the confidentiality of your login credentials (username and password).

4.3 You shall notify us immediately if you suspect any unauthorized access or security breach of your account.

4.4 You are liable for all activity through your account, whether or not authorized by you, unless you promptly report unauthorized use.

5. Location Tracking & Permissions

5.1 To support features such as site visit logging, tracking, check-ins, etc., the app may request permission to access your device’s location services (GPS, network).

5.2 You may grant or revoke location permissions via device settings. If you revoke necessary permissions, some features may not function properly.

5.3 We will collect, process, and use the Location Data in accordance with our Privacy Policy (see Section 9).

6. User Data, Ownership & Use

6.1 You retain ownership of all User Data you upload, input, or generate via the Services. 6.2 You grant us a non-exclusive, worldwide, royalty-free license to host, store, use, process, and display the User Data (including in backups) strictly as necessary to operate the Services.

6.3 You represent and warrant that you have all rights, consents, and permissions to provide the User Data and that it does not violate any third-party rights, laws, or regulations.

7. Payments, Fees
& Subscription

7.1 Some features of the Services may require payment of subscription fees or feature-level charges.

7.2 Fees, billing cycles, renewal terms, cancellation policy, and refund policy will be specified in your subscription plan and/or invoices.

7.3 If you fail to pay fees when due, we may suspend or restrict your access to the Services until payment is made.
7.4 You are responsible for any taxes or duties associated with payments, except taxes based on our own income.

8. Updates, Maintenance & Modifications

8.1 We may from time to time update, modify, upgrade, suspend, or discontinue features or the entire Service, with or without notice.

8.2 We may provide maintenance windows or downtime. We will try to schedule such events during non-peak hours, but do not guarantee full availability.

8.3 We are not liable for any loss or inconvenience caused by updates, modifications, or downtime, except to the extent required by law.

9. Privacy & Confidentiality

9.1 Our collection, use, storage, and disclosure of personal and location data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 We will treat your User Data, including any personal or sensitive data, as confidential, and will not disclose it to unaffiliated third parties except as described in the Privacy Policy or required by law.

9.3 We will use industry-standard security measures to protect your data (encryption, access control, backups), but cannot guarantee absolute security.

10. Warranties & Disclaimers

10.1 We warrant that the Services, when used properly, will substantially perform in accordance with our published feature descriptions.

10.2 Except as explicitly provided, the Services are provided “as is” and “as available,” without warranties of any kind (express or implied).

10.3 We disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, availability, and accuracy.

11. Limitation of Liability

11.1 To the maximum extent allowed by law, we (and our affiliates, officers, employees, agents) will not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages (including loss of profits, data, business interruption) arising out of or in connection with these Terms or the Services, even if advised of the possibility of such damages.

11.2 Our aggregate liability to you for any direct damages is limited to the total fees you have paid us in the 12 months preceding the claim (or a lower amount if required by law).

11.3 The limitations and disclaimers shall not apply to liability for gross negligence, willful misconduct, or as otherwise required by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TrustBuild Private Limited (and its officers, directors, employees, agents) from and against all third-party claims, liabilities, damages, losses, or expenses (including legal costs) arising from or in connection with (a) your breach of these Terms; (b) your use of the Services; (c) any User Data you provide; or (d) your violation of any applicable laws or third-party rights.

13. Termination

13.1 Either party may terminate these Terms by giving written notice (as per the notice clause) if the other party materially breaches these Terms and fails to remedy within a specified cure period (e.g., 30 days).

13.2 Upon termination:

a) Your license to use the Services (and Authorized Users’) is revoked.

b) You must cease use of all Services.

c) We may (per our policy) delete, archive, or anonymize your User Data after a grace period, unless you request data export.

d) All outstanding payment obligations become due immediately.

14. Intellectual Property Rights

14.1 All right, title, and interest in the software, platform, code, designs, interface, documentation, and underlying technology of the Services belong to TrustBuild Private Limited (or its licensors).

14.2 These Terms do not transfer any intellectual property ownership to you.

14.3 You may only use trademarks, logos, or brand elements of TrustBuild Private Limited with prior written consent.

15. Confidential Information

15.1 Each party (you and us) may have access to confidential or proprietary information of the other (“Confidential Information”).

15.2 Confidential Information may only be used to fulfill obligations under these Terms and must not be disclosed except to employees, agents, or contractors who need access, provided they are bound by confidentiality obligations.

15.3 Confidentiality obligations survive termination of these Terms for a period (e.g., 3–5 years or as required by law).

16. Governing Law & Dispute Resolution

16.1 These Terms are governed by and construed under the laws of [State / Country], e.g. India (Karnataka).

16.2 Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved via [arbitration / courts] in [City / Jurisdiction], unless otherwise agreed.

17. Notices

17.1 Any notices under these Terms must be in writing (email or postal mail) and sent to the addresses specified in your account or in our contact details.

17.2 Notices are effective upon delivery (or a specified period after sending, e.g. 48 hours for email if no bounce).

18. Modifications to Terms

18.1 We may update or amend these Terms occasionally (e.g. to reflect new features, regulatory changes).

18.2 For material changes, we will provide you advanced notice (e.g. 30 days) via email or in-app notification.

18.3 If you do not agree to the revised Terms, you may discontinue use; continued use after the effective date constitutes acceptance of the revised Terms.

19. Severability, Waiver & Miscellaneous

19.1 If any provision of these Terms is held unenforceable, the remainder still applies. 19.2 No waiver by either party (in one instance) of any right under these Terms will constitute a continuing waiver.

19.3 You may not assign your rights or obligations under these Terms without our prior written consent.

19.4 Nothing in these Terms creates a partnership, joint venture, or employment relationship between you and TrustBuild Private Limited.

2021 © TrustBuild Private Limited

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