Structimate User Terms of Service
- Acceptance of term
By checking the acceptance box, registering, accessing, or using our Software, as defined below, you accept the terms and conditions of this Agreement, which hold the same legal weight and enforceability as any written agreement you would physically sign. If you do not agree to these terms, then you may not use the Software. If you are using the Software on behalf of a company or another authorized entity, you confirm that you have the authority to enter into this agreement and legally bind the said company or entity.
- Scope
These Terms and Conditions ("Agreement") govern the use of Structimate (“Software”) offered by Collave Technologies OPC ("Collave," "we," "us"). This Agreement constitutes the entire understanding between Collave and the individual, company, or entity using the Software ("Customer," also referred to as "you," together with Collave as "Parties")
- Authorized users
Only individuals authorized by the Customer may access and use the Software (“Authorized Users” or “Users). Authorized users must register with a valid email address or username and password (“Credentials”) before they can access and use the Software. Authorized users are responsible for maintaining the confidentiality and security of their Credentials. Authorized users are responsible for all activity occurring under their Credentials. Unauthorized use of Credentials as well as any other breach of security must be reported immediately to Collave.
- Changes to Terms
We reserve the right to make changes or update this Agreement, including, but not limited to, our Privacy Notice and any related policies, at our discretion. Such changes may be made by posting the revised Agreement on the Software or by providing a link to them within the Software.
We may also send you notifications through the contact information associated with your account.
By continuing the use of the Software after the effective date of any changes to the Agreement, you confirm that you accept the updated Agreement and agree to abide by these modifications or revisions.
- Copyright information
We acknowledge and value the intellectual property rights of others. If you suspect that your intellectual property has been exhibited or employed in a way that infringes on copyright via the Software, please consult the Copyright Policy provided within the Software website, accessible at https://structimate.app
- Intellectual property
All the content available in the Software, including its features, functionalities, visual designs, data, and underlying code (“Materials”), belongs to us or its licensors. These Materials are protected by copyright, trademark, and other intellectual property laws. It is important to note that the term "Materials" does not include User Content (as defined below) in the context of this Agreement.
- User Content
The Software may allow Users to post, upload, share, or otherwise provide various content, including documents, videos, photos, feedback, and other materials (collectively referred to as "User Content"). You retain ownership over your User Content.
By uploading or sharing User Content through the Software, you grant us a worldwide, irrevocable, and transferable license to use, copy, and modify your User Content and data derived from your use of the software. This license is granted to operate, develop, improving, and providing the software and other related products and services. Copies of your User Content may persist within the software after you stop using it, but we have no obligation to maintain your User Content following account termination.
User Content, including suggestions, ideas, documents, and proposals (collectively referred to as "Feedback"), is provided voluntarily. When sharing Feedback, you acknowledge that: (i) we are not under any obligation of confidentiality; (ii) we may have similar ideas or concepts under consideration or development; (iii) you grant us a perpetual, irrevocable, worldwide license to use your Feedback for any purpose; and (iv) you are not entitled to compensation for your Feedback.
You represent and warrant that your User Content does not infringe, misappropriate, or violate the rights of any third party, including but not limited to copyright, trademark, trade secret, right of publicity, or other proprietary, privacy, or other rights. You are solely liable for any damages resulting from infringement, misappropriation, or violation of such rights.
We reserve the right to remove User Content at our sole discretion. We do not control or endorse User Content and do not assume liability for actions taken based on User Content. Your use of the Software may expose you to content that may be offensive, objectionable, harmful, inaccurate, or deceptive. You assume all associated risks when using the software.
- Limited License
As long as you follow the terms of this Agreement, you have permission to use the Software and create reports and data related to your role as an Authorized User for a Customer. However, you cannot make any changes to the Materials, and Collave holds all rights that are not explicitly granted.
- Acceptable use
Users must comply with all the applicable laws and regulations in using the Software. The following activities are strictly prohibited and may result in the termination of the User’s access to the Software:
- Unauthorized access to the software or any part of its infrastructure, or any attempt to bypass security measures, is strictly prohibited.
- Users must not introduce, upload, or distribute any malicious software, including viruses, Trojans, worms, or any other harmful code.
- Users must not engage in hacking, network attacks, or any action that disrupts or may disrupt the functionality, security, or availability of the Software and/or its users.
- Users must not use the software to infringe on the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, or trade secrets.
- Posting, sharing, or promoting any offensive, abusive, or harassing content, including hate speech, is prohibited.
- Users must respect the privacy of others and not engage in any actions that violate privacy rights, including but not limited to unauthorized data collection or surveillance.
- Users must not engage in any form of misrepresentation, impersonation, or deceptive practices.
- Any use of the software for unlawful activities is strictly prohibited.
- Users must not use the software for commercial purposes without proper authorization.
- Users must not engage in activities that overload, disrupt, or damage the software or its associated services, leading to a denial of service for other users.
- Sending unsolicited messages, spam, or any form of unauthorized communication to other users is prohibited.
- Payment Information
- Fees: Customer agrees to pay the fees specified in the applicable order form or subscription plan. These fees are exclusive of all taxes, levies, or duties.
- Payment Schedule: Fees are due and payable in accordance with the terms specified in the Order Form. If no payment schedule is provided, fees are typically due on a monthly or annual basis, depending on the subscription plan.
- Late Payments: In the event of late payment, a late fee may be applied, or the service may be temporarily suspended until payment is received. Additional charges may be incurred for reactivation of the service.
- Payment Methods: Customer shall make payments using the payment methods specified in the Order Form or as directed by us. Accepted payment methods may include credit card, electronic funds transfer, or other methods as agreed upon.
- Taxes and Duties: Customer is responsible for any applicable sales, use, or value-added taxes, tariffs, or duties associated with the Software. Such taxes are in addition to the subscription fees and will be charged accordingly.
- Price Adjustments: We reserve the right to change the subscription fees with reasonable advance notice. Fee increases will not apply retroactively to the current subscription term but will take effect upon renewal.
- Termination: In the event of subscription termination, no refunds or credits will be issued for any unused portion of the subscription term.
- Refunds: Refunds will only be considered in cases of overpayment, billing errors, or as otherwise required by applicable laws.
- Dispute Resolution: If Customer disputes any charges on their invoice, they must provide written notice to us within five working days after receipt of invoice. The parties will work together to resolve the dispute in good faith.
- Secure Transactions: We are committed to maintaining the security and confidentiality of payment information. Payments are processed using industry-standard security measures to protect Subscriber's financial data.
- Privacy: Payment information is subject to the terms and conditions of the Software Privacy Policy.
- Currency: Unless otherwise specified in the Order Form, all fees and payments will be in the currency specified by us.
- Currency Conversion: If payments are made in a currency different from the designated currency, currency conversion and associated charges may apply.
- Billing Inquiries: For any inquiries related to billing or payments, the Customer should contact [email protected]
- Modification of Payment Terms: Collave reserves the right to modify these terms. Customers will be notified of any changes in advance, and the revised terms will be posted on the Software’s website.
- Termination clause
The Customer can end the use of the Software at any time for any reason by giving written notice to Collave via contact details within a specific timeframe. On the other hand, Collave can terminate your access to the Software immediately and without warning if you violate the terms and conditions outlined in the Agreement. Upon termination, you must stop using the service and remove any related software or applications. Certain provisions, such as payment obligations, intellectual property rights, and confidentiality obligations, will continue to apply even after termination. The service provider will not be liable for any use of the Software after termination. You may be able to access your data for a limited time after termination, subject to additional fees. If you received any physical or proprietary materials from the service provider, you must return or destroy them upon termination.
- Privacy notice
We take the protection of your Personal Data seriously and are committed to handling it in compliance with our Privacy Notice, which can be found at www.structimate.app. By using our Software, you acknowledge and agree to our Privacy Notice, provided that it applies to the Software you are using.
- Governing law
This Agreement will be regulated and interpreted in accordance with the laws of the Republic of the Philippines. Any legal action, lawsuit, or proceeding that arises from or relates to this Agreement or the services provided under this Agreement must be filed in the appropriate courts of Quezon City, Metro Manila, to the exclusion of any other jurisdiction. Both parties hereby agree to the exclusive jurisdiction and venue of these courts.
- Disclaimers of Warranties
- As-Is Basis: The Software is provided "as-is" and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Use at Your Own Risk: Your use of the Software is at your own risk. We do not guarantee that the product will be error-free or uninterrupted. We are not responsible for any damage to your computer system, loss of data, or any other harm that results from your use of the Software.
- No Professional Advice: The Software is not a substitute for professional advice. Any information or content provided through the product should not be construed as professional or expert advice.
- Third-Party Content: We do not warrant or endorse any third-party content or links provided through the Software.
- Changes and Updates: We reserve the right to make changes to the Software and its content at any time, without notice.
- Availability: We do not guarantee the availability of the Software at all times and may temporarily suspend or limit access to the service without notice.
- Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control.
- Legal Compliance: You are responsible for compliance with all applicable laws, including but not limited to data protection and privacy laws, and we make no claims regarding compliance with such laws.
- Limitation of Liability
- No Consequential Damages: In no event shall we, or our directors, employees, partners, suppliers, or content providers, 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, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Software; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Software; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Software by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Software.
- Maximum Liability: In no event shall our total liability to you in connection with the Software for all damages, losses, and causes of action exceed the amount paid by you for the service in the last twelve months.
- Maintenance and Downtime
- Scheduled Maintenance: We may occasionally perform maintenance on the Software to improve its performance, security, and reliability. We will make reasonable efforts to schedule maintenance during off-peak times to minimize disruptions to users, and whenever possible, we will give advance notice of scheduled maintenance that may cause temporary unavailability of the SaaS product.
- Emergency Maintenance: In the event of unforeseen circumstances or critical issues, we may need to perform emergency maintenance.
- Downtime and Service Interruptions: Despite our best efforts, there may be instances of service interruptions or downtime. We do not guarantee uninterrupted access to the Software and cannot be held responsible for any losses, damages, or inconveniences resulting from such interruptions.
- Data Backup and Loss: We will take reasonable measures to ensure data backup and prevent data loss during maintenance and downtime. Users are encouraged to regularly backup their data and information. We shall not be responsible for any data loss or corruption during maintenance or downtime.
- No compensation for Downtime: Users understand and agree that we do not offer compensation, refunds, or reimbursements for downtime, scheduled or unscheduled.
- Your Responsibilities: Users are responsible for ensuring the security and integrity of their accounts and data on the Software. Users should take precautions to save and secure their work in case of unexpected downtime.
- Disclaimer: While we strive to provide a reliable and uninterrupted service, users acknowledge and accept that the Software may be subject to occasional downtime and that we shall not be liable for any losses or damages incurred during such periods.
