Thanks for using BuildTrack’s AI Vision. These Terms of Service (these “Terms”) describe your rights and responsibilities as a customer of this application. These Terms are between you and BuildTrack entity (“we”, “our”, “us”) that owns or operates this application and “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually.
If you are accepting on behalf of your employer or another entity, you represent and warrant that:
Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access our application, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for an account on our application.1. What these Terms cover.
These Terms govern our Application, related Support, and Additional Services. These Terms also include Our Policies.2. How the Application accessed
2.1. Credentials are provided with your userID and password upon registration to the email ID mentioned in the registration. You must keep your user IDs and passwords for this application strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.
2.2. Age Requirement for End Users. The applications are not intended for, and should not be used by, anyone under the age of 16. By signing up, you agree that you are of age 16 or older.3. Application inclusions and restrictions
3.1. Access to Application. Subject to these Terms and during the applicable Subscription Term, you may access and use the application for your own business purposes or personal use, as applicable, all in accordance with these Terms. The rights granted to you in this Section are non-exclusive, non-sublicensable and non-transferable.
3.2. Term: We choose to terminate your access at any time. This may be either due to lack of use of the application for more than 60 days or for any form of misuse of the application. No notice period is entailed to the user if your account is terminated. You can also request your account to be deleted, and in that case all data stored by you will be purged from our system, including your account registration information
3.3. Support. The application is only supported with self-help videos, although we will do our best to respond to any queries sent via email to us, as long as it is sent from the same email that was registered on the account.
3.4. Restrictions. Except as otherwise expressly permitted in these Terms, you will not:
4.1. Security: We implement and maintain procedures to protect Your Data from unauthorized access, destruction, use, modification, or disclosure.
4.4. Court orders. Nothing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so.5. Terms that apply to Your Data.
5.1. Using Your Data. You retain all right, title and interest in and to Your Data in the form submitted to the application. Subject to these Terms, and solely to the extent necessary to provide the application to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data. Solely to the extent that reformatting Your Data for display in our application constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, to respond to your support requests or to diagnose system performance.
5.2. Your Data Compliance Obligations.
You represent and warrant that:
5.3. No Prohibited Sensitive Personal Information. You will not submit to the Application any Sensitive Personal Information. Notwithstanding any other provision to the contrary, we have no liability under these Terms for Sensitive Personal Information submitted in violation of the foregoing.
5.4. Your Indemnity. You will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to any breaches.
This indemnification obligation is subject to you receiving
5.5. Removals and Suspension. We have no obligation to monitor any content uploaded to the application. Nonetheless, if we deem such action necessary based on your violation of these Terms, we may
6. IP Rights in the Application and Feedback.
The application is made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to application From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure.
8. Term and Termination.
8.1. Term. These Terms are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.
8.2. Termination for Convenience. You may choose to stop using the application and terminate these Terms at any time for any reason and request deletion of your account and any related account data.
9 Warranties and Disclaimer.
9.1. Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms.
9.2. Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the application (but we are not responsible for harmful materials submitted by you or End Users)
9.3 WARRANTY DISCLAIMER. Except as expressly provided in this section, the application and any support is provided “as-is” and we and our suppliers expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability whether express, implied or statutory. We do not warrant any un-interrupted or error-free use or promise to maintain your data without loss. We are not responsible for data lost, interrupted or stolen by third parties who are expressly in pursuit of such intent, despite all counter-measures we might have in place.
10. Limitation of Liability.
10.1. Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
11. Dispute Resolution
11.1. Governing Law; Jurisdiction. These Terms will be governed by and construed in accordance with the applicable laws of India
11.2. Injunctive Relief; Enforcement. Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
12. Miscellaneous Items
12.1 Modifications. We may modify the terms and conditions of these Terms (including Our Policies) from time to time, with notice to you or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications. You must accept the modifications to continue using the appliation. If you object to the modifications, your exclusive remedy is to cease using the No-Charge Products.
12.2. Assignment. You may not assign or transfer these Terms without our prior written consent. Any attempt by you to transfer or assign these Terms except as expressly authorized above will be null and void. We may assign our rights and obligations under these Terms (in whole or in part) without your consent. We may also permit our Affiliates, agents and contractors to exercise our rights or perform our obligations under these Terms, in which case we will remain responsible for their compliance with these Terms. Subject to the foregoing, these Terms will inure to the parties’ permitted successors and assigns.
12.3. Waivers; Modifications. No failure or delay by the injured party to these Terms in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
12.4. Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.
12.5. Independent Contractors. The parties are independent contractors. These Terms will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.
12.6 Publicly, we may identify you as a customer in our promotional materials. We will promptly stop doing so upon your request sent to us
Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for the Services.
Content you provide through our application: The Services refer to this Application, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services;
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you access,
For research and development: We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful. We use information and collective learnings (including feedback) about how people use our Services to troubleshoot, to identify trends, usage, activity patterns, and areas for integration and to improve our Services and to develop new products, features and technologies that benefit our users and the public.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance,
For safety and security: We use information about you and your Service use to verify accounts and activity, to detect, prevent, and respond to potential or actual security incidents and to monitor and protect against other malicious, deceptive, fraudulent or illegal activity, including violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users):
If you are an individual in the European Economic Area (EEA), we do not collect and process information about you unless you have chosen to register for an account, and in which case your account information and any information you upload is not accessible to any other parties, other than our company to provide you with access to the application and related support.
How long we keep information
We reserve the right to delete your account and information after 60 days of no-activity in your account, or at any time as per your request to delete your account. If the account is mis-used then we reserve the right to terminate it as per our procedures at any time.