TERMS AND CONDITIONS OF USE OF BUILDING IN CLOUD SERVICE
These conditions establish the rules for using the Building in Cloud Service, for this reason it must be read carefully before accessing and using the Service.
The access and its use presuppose the acceptance of all terms, conditions, and warnings, without exception by the user of the terms described herein and their possible modifications, if it become necessary, which must be periodically verified by the user for his better knowledge and information.
We therefore ask users of the Building in Cloud Service who do not accept these terms of use, to leave the Building in Cloud Service immediately.
The Building in Cloud Service is realized, made operational and managed by Lemsys Srl, with registered office in Via Domenico Scarlatti, 26 – 20124 Milan Italy P.I./C.F. 08613610966 Reg. Imp. Di Milano REA 2037581. email address for any communications: info@buildingincloud.net.
Lemsys Srl is the company that has developed, designed and implemented the Building in Cloud Service.
Lemsys Srl, which owns the rights of the Service, is a company specialized in the production of web and mobile software and ensures that it possesses skills and characteristics that guarantee the ability to provide competitive, qualified and reliable services in the aforementioned sector. settore.
1. DEFINITIONS
For the purposes of the present Service conditions we mean:
“Subscriber” is the person who activates, after registration, the Cloud Building Service and who manages and implement the Contract.
“User (s)” is/are the person/s who, following the activation of the Building in Cloud Service by the Subscriber, is/are invited to participate in the collaboration activities offered by the Building in Cloud Service.
For the purpose of applying the terms and conditions of use of the Building in Cloud Service the Subscriber can also be understood with the methods used to define User but never vice versa.
The term “User” will also be used to define both the Subscriber and the Users at the same time.
“Contract”, the legally binding agreement between the Subscriber and Lemsys Srl, consisting of the vision and acceptance of the Terms and Conditions of use of the Building in Cloud Service. The privacy and cookies policy must be considered an integral and substantial part of the Terms and Conditions and can be consulted directly from BuildinginCloud.net website.
2. DESCRIPTION OF THE BUILDING IN CLOUD SERVICE
The Building in Cloud Service is accessible via the Internet as “Software as a Service” at the address: app.buildingincloud.net and is intended for users who are 18 years of age.
It consists in allowing the publication and sharing of data and the collaboration between the connected Users, in order to improve the quality of the activities carried out during the life cycle of a building or an infrastructure. Authorized Users, therefore, can create, manage and share information, collaborating in synergy with each other.
The Building in Cloud Service is accessible by the Subscriber at the time of registration and by the Users following the invitation to collaborate by the Subscriber himself or his delegates.
The Building in Cloud Service is provided in connection with the Business of the Subscriber and in any case for requirements related to the Business of the Subscriber.
The Building in Cloud Service Subscriber automatically assumes the role of System Administrator that allows him to define the ways in which Users can use the Service.
The Cloud Building Service is intended for Users who are 18 years of age and is only accessible after registering with the Building in Cloud Service or following the invitation to collaborate.
The information relating to the processing of personal data to which both the Subscriber and the User are subject, are illustrated in the Privacy and Cookies Policy.
3 SERVICE SUBSCRIPTION LEVELS
Three Levels and two Service Subscription Plans are available.
The Subscription Levels determine:
Which features of the Service can be accessed;
the availability of storage space, number of buildings, number of users.
To find out the exact composition of the Level you intend to subscribe to, please refer to the page price active at the time of subscribing to the Service.
Subscribing to the Service allows the User to use the Service for the duration of the subscription and in compliance with these Terms of Sale through all compatible Devices valid under these Terms of Service for the Territory from which the User accesses the Service.
3.1 “Free” subscription level.
This Level can be activated free of charge directly by the subscriber via the Building in Cloud Store and allows the subscriber to subscribe and use the Service free of charge.
The “Free” subscription level allows the activation of a fixed number of buildings, storage space and users determined as indicated on the page price valid at the time of subscription.
The “Free” subscription level does not allow the activation of additional Building in Cloud modules.
The subscriber of the “Free” level can decide to upgrade the Service to the “Professional or Premium” levels at any time during the subscription period.
The subscriber of the “Free” level can use the Service indefinitely; the only condition is that the subscriber access the Service at least once every 180 (one hundred and eighty) days.
As of the 90th day, before 180 (one hundred and eighty) days have elapsed without the subscriber having accessed the Service, the subscriber will receive an email every 30 (thirty) days notifying him/her of the imminent expiration of the subscription.
Once 180 (one hundred and eighty) days have elapsed without the subscriber having accessed or responded to the expiration email, the account will be disabled and the subscriber will no longer be able to access the Service.
Notwithstanding the disabling of the account, the data and documents contained in the system will still be retained and made available for a further 180 (one hundred and eighty) days for a possible reactivation of the account to be requested by email to: support@buindingincloud.net .
Once 360 days have elapsed from the date of account activation without the subscriber requesting reactivation of the data and documents, they will be permanently deleted and you will no longer be able to request reactivation of the same.
The subscriber can also unsubscribe from the Service by connecting to the Service and from the “Settings” section, select the “Subscription” command and then select “Cancel subscription”.
If the request to unsubscribe is executed/executed correctly, the User will receive an e-mail confirmation of the immediate termination of the subscription.
The “Free” level subscriber can decide to upgrade to the Professional, Premium or Ultimate level at any time during the term of the subscription via the Building in Cloud store.
3.2 “Professional” subscription level.
This Level can be purchased directly from the subscriber through the Building in Cloud Store.
This Level involves a monthly subscription with automatic renewal with no commitment for a predetermined duration.
The Level is available at a fixed monthly cost (excluding all applicable taxes and duties), the amount of which is specified on page price active at the time of subscription.
The “Professional” subscription level allows you to define, during subscription activation, the total number of users who can access the service.
The “Professional” subscription level allows you to activate a fixed number of buildings and storage space.
To find out the number of buildings and storage space that can be activated with the “Professional” level, refer to the page price activated at the time of subscription.
The “Professional” subscription level allows you to define, during subscription activation, which additional Building in Cloud modules can be activated.
The subscriber who has subscribed to the “Professional” level can decide to Upgrade or Downgrade the Service to a different level at any time during the subscription period, or freely increase or decrease the number of active Users who can access the service.
We inform the subscriber that the cost may vary according to the Territory, the currency in which the payment is made and the exchange rates applicable from time to time.
At the end of each monthly period, the subscription of the User is automatically renewed for another month, unless the subscriber cancels the subscription at least four (4) working days before the end of the monthly period.
The subscriber subscribed to this level can unsubscribe from the Service by connecting to the Service and from the “Settings” section, select the “Subscription” command and then select “Cancel subscription”.
If the subscription cancellation request is validly executed/executed, the cancellation will be effective at the end of the monthly period for which the subscriber has paid the last subscription fee. The subscriber will receive an email confirmation of the subscription cancellation and may use the Service until the end of that monthly period.
3.3 “Premium” subscription level.
This Level can be purchased directly from the subscriber through the Building in Cloud Store.
This Level involves a monthly subscription with automatic renewal with no commitment for a predetermined duration.
The Level is available at a fixed monthly cost (excluding all applicable taxes and duties), the amount of which is specified on page price active at the time of subscription.
The “Premium” subscription level allows you to define, during subscription activation, the total number of users who can access the service.
The “Professional” subscription level allows you to activate a fixed number of buildings and storage space.
To find out the number of buildings and storage space that can be activated with the “Professional” level, refer to the page price activated at the time of subscription.
The “Premium” subscription level allows you to automatically activate all additional Building in Cloud modules available at the time of subscription with the express guarantee that whenever a new additional module is made available it will be made immediately available to subscribers of the “Premium” level at no additional cost.
The subscriber who has subscribed to the “Premium” level can decide to Downgrade the Service to a different level at any time during the subscription period, or freely increase or decrease the number of active Users who can access the service.
We inform the subscriber that the cost may vary according to the Territory, the currency in which the payment is made and the exchange rates applicable from time to time.
At the end of each monthly period, the subscription of the User is automatically renewed for another month, unless the subscriber cancels the subscription at least four (4) working days before the end of the monthly period.
The subscriber subscribed to this level can unsubscribe from the Service by connecting to the Service and from the “Settings” section, select the “Subscription” command and then select “Cancel subscription”.
If the subscription cancellation request is validly executed/executed, the cancellation will be effective at the end of the monthly period for which the subscriber has paid the last subscription fee. The subscriber will receive an email confirmation of the subscription cancellation and may use the Service until the end of that monthly period.
3.4 “Ultimate” subscription level.
This Level cannot be purchased directly from the subscriber through the Building in Cloud Store.
The “Ultimate” Subscription Level is only available following commercial contact between the User and Lemsys or a certified partner.
The “Ultimate” Subscription Level provides that the annual subscription is based on the specific requests of the customer, such requests will be formalized and quantified by means of a commercial offer. Following formal acceptance of the offer, the subscription will be activated.
The “Ultimate” Subscription Level provides that the following additional services may be provided: specific customisation requirements; integration with the client’s information systems; multi-year subscription plans; document storage space and number of freely agreed buildings; consultancy and training services.
At the end of each period, the subscription ends or can be renewed following the same procedures described above.
4 NO REFUND RIGHT
4.1 No refund rights are applied to subscriptions as it is possible to use the platform without time limits before proceeding with the purchase.
4.2 It will however be possible to choose not to renew the subscription from the following year and / or request cancellation as described in points 3.1 and 3.2.
5 LIMITATIONS
The Subscriber may use the Building in Cloud Service using the maximum number of buildings, storage space and users with access to the Service, provided for the subscribed Service level specified on page http://buildingincloud.net/price/ at the subscription moment.
6 PROHIBITED USES
6.1 Changes to the Software. The Subscriber or the Building in Cloud User can not attempt to modify, decompile, reverse the mechanics or dismount the Software connected to the Building in Cloud in any way.
6.2 Use of the Service. The Building in Cloud Service is intended only for the use of the Subscriber and the User. The Subscriber must provide complete and truthful information regarding all the details and information provided and the User is obliged to update these details if they are modified
7 DECLARATIONS AND WARRANTIES
7.1 Use of the Service is your own choice, discretion and risk.
7.2 You are required to provide us with some personal details for the purposes of using the Service. Our use of the information you provide will be subject to our Privacy and cookies Policy.
7.3 Subscriber will be solely responsible for the telecommunications network and the Internet connection services necessary to access and use the Service and we will not be liable for any defect in this connection.
8 CONFIDENTIALITY AND PASSWORD SECURITY
The user takes note of the risks he may encounter, omitting to keep secrets and/or to keep his password diligently. For this reason, it undertakes to choose a password that is difficult to identify, assuming the obligation to keep it as diligently as possible.
The user undertakes to communicate, without delay and in writing, to Lemsys the possible theft, loss o of his password in order to allow Lemsys to adopt the relative remedies.
The knowledge of the codes for access to the Building in Cloud Service by third parties can allow access to unauthorized third parties.
The registered user must therefore take care of the access codes and keep them confidential. In case of loss, theft or loss of access codes, the user must promptly notify Lemsys that will proceed to deactivation and replacement.
The user is directly and indirectly responsible for any improper and illegitimate use of the Building in Cloud Service by himself or by third parties who will use the Building in Cloud Service on his behalf.
9 DISCLAIMER OF LIABILITY
9.1 Lemsys disclaims any form of warranty, expressed or implied, connected to the Service which is provided “As is” and therefore no guarantee or declaration is made regarding the quality, suitability for the purpose, integrity or effectiveness of the Building in Cloud Service.
9.2 Despite efforts to provide a Service of the highest quality, safety and security, it cannot be guaranteed that the Building in Cloud Service will never be interrupted, timely or error-free, or that the defects can be corrected or that the services available there will be free of bugs.
9.3 Lemsys reserves the right to suspend, interrupt, modify or remove the Building in Cloud Service at its absolute discretion with immediate effect and without obligation of notice and Lemsys cannot be held responsible in any way for any loss suffered as a result of any decision taken by Lemsys in this regard.
9.4 Lemsys does not guarantee to the User the continuity of the connection to the Service and, therefore, will not be in any way responsible for any technical service that prevents connection to the Service, or individual pages of it – and / or the use of one or more functionality of the same. The User acknowledges and declares that he will have nothing to do with Lemsys in case of disruptions that could compromise access to the Service or its correct and complete functionality (eg clogging lines, impossibility, or difficulty in connecting to the Building in Cloud Service or on its individual pages, total or partial impossibility to use one or more additional services from any specific cause, etc.).
10 CONTENT PUBLISHED BY USERS
Lemsys does not carry out any control over the contents entered by the Users when using the Building in Cloud Service.
Consequently, the Users assume responsibility for the contents, materials and information of any kind that may be published, transmitted or disseminated or made accessible through the Building in Cloud Service and are solely responsible, even from an economic point of view for the damage caused directly and / or indirectly to third parties. Therefore, the User undertakes to indemnify and hold Lemsys Srl harmless from any third-party claims arising out of or in any case connected with the use of the Building in Cloud Service.
Lemsys reserves the right, at its sole discretion, in case of violation of the commitments hereby envisaged by users, even upon the notification of third parties, to suspend and / or immediately stop access to the Building in Cloud Service, as well as to cancel those content deemed detrimental to legal provisions, without anything being due to the User. However, the fact that Lemsys does not prevent publication, that is, does not delete a User content, does not mean that such content has been judged acceptable by Lemsys.
In any case, Lemsys invites Users, considering them otherwise responsible, to:
Do not post personal information or images that the User wishes to keep confidential or that may allow other Users to contact him directly. Lemsys invites users not to publish data and / or information related to third parties for which no prior consent has been obtained;
Do not publish information contained material of any kind (audio video graphics, etc.) covered by copyright without prior authorization of the subject having the right;
Do not publish content related to minors or otherwise in violation of the law and regulations;
Do not post, post, post, post or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or limit the operation of third-party software, hardware or telecommunications equipment, or interrupt the normal course of communications, interfere or interrupt services and / or servers connected to the services.
Lemsys collaborates with the Public Authority in all cases in which it is requested to provide the data and / or information necessary to trace the perpetrators.
11 PRIVACY
Personal data are collected and processed in order to follow up User requests. Lemsys guarantees its Users to operate in compliance with the regulations concerning the processing of personal data, governed by the 2016 GDPR.
The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy and Cookies Policy section.
The data controller is Lemsys S.r.l.
Upon access by the Users invited to collaborate in the Building in Cloud Service, the User will be informed that the email address provided by him during registration can be used to send information and marketing communications and commercial or related to the correct completion of the Service itself.
12 BRANDS, PATENTS AND OTHER PROTECTIONS
12.1 The provision of the Building in Cloud Service is protected by laws, decrees, regulations and any other applicable provisions, in particular by the rules on copyright and intellectual property, as well as by the community rules and international treaties on the subject in as applicable.
12.2 The software useful for the supply of the Building in Cloud Service, every copy and every part or element of it (including, in an exemplary and not exhaustive list: every image, icon, animation, video and text), any text or image published they are the exclusive property of Lemsys Srl or its suppliers and cannot be reproduced by the User and / or by unauthorized third parties in any form or manner.
12.3 All rights to trademarks, product names and any other distinctive sign are reserved to Lemsys Srl or to other legitimate owners in accordance with the provisions of the applicable regulations.
13 ASSIGNMENT
Lemsys reserves the right to assign this contract at any time and without notice. The Subscriber declaring his acceptance, allows, in advance and unconditionally, the sale. The Subscriber cannot assign any of his rights or obligations under this contract.
14 JURISDICTION
For any dispute concerning the formation, interpretation, execution, validity and effectiveness of this contract and, in any case, for any nascent controversy or otherwise connected to the present contract, the Italian Judge will have exclusive jurisdiction. The Court of Milan will be exclusively competent.
Although not expressly regulated by this contract, the Parties declare that they wish to apply exclusively Italian law.
15 TERMS AND CONDITIONS FOR THE USE OF THE MODULE 4BT OPENJOC
This agreement covers proprietary information belonging to Four BT, LLC. (the “Discloser”) that is made available or disclosed to the user/party using the Building in Cloud software having access to the 4BT cost data, including but not limited to, the OpenJOC and/or 4BT OpenBuild database (the “Recipient”).
This information (referred to as the “Confidential Information”) includes, but is not limited to, software products (Software Products), software source code (Software Source Code), construction cost data and/or services, documentation, and correspondences, all rights to which are owned or controlled by Discloser, that have not otherwise been made publicly available by the Discloser.
Confidential Information, however, does not include:
(a) information generally available to the public;
(b) widely used programming practices or algorithms,
(c) information rightfully in the possession of the Recipient prior to signing this agreement;
(d) information independently developed without the use of any of the provided Confidential Information.
The Recipient agrees to hold the Confidential Information in strict confidence and shall not disclose such information to any third party without the written permission of the Discloser.
The Recipient also agrees to employ all steps necessary to protect the Confidential Information from unauthorized disclosure or use, including without limitation, all steps the Recipient uses to protect information they consider proprietary and a trade secret.
The Recipient shall refrain from directly or indirectly acquiring any interest in, or designing, creating, manufacturing, selling or otherwise dealing with any item or product containing the Confidential Information received by Recipient under this agreement.
The Recipient acknowledges and agrees that any Software Source Code and Software Products received under this agreement, and any Software Products derived or compiled from the Software Source Code, and any associated 4BT cost data, are subject to the following limitations:
1. For software and cost data evaluation purposes, the Recipient may use the Software Products for evaluation purposes during a formal Request for Proposal (RFP) for a period of thirty (30) days from the start date of the RFP, or with a valid software license obtained from the Discloser. All other uses are expressly forbidden by this agreement.
2. Recipient may not grant rights to use the Software Source Code or Software Products to any other individual or entity. Usage of these is limited to the Recipient.
3. Recipient is subject to all terms and limitations set forth in all separate software licenses provided by Discloser to Recipient with the Software Source Code.
Neither party of this Agreement may assign this Agreement or any rights or obligations under it, without prior written consent by both parties, and any attempt to do so is void; and neither grants the other any licenses under any patents or copyrights.
The Discloser provides the Confidential Information on an AS IS basis and is not responsible for any damages arising out of the use of the Confidential Information made available under this agreement.
The validity, construction, interpretation, and effect of the contract shall be governed by the laws of the state of Texas, USA, excluding any choice of law rules which would refer the matter to the laws of another jurisdiction.
