TERMS OF USE OF THE CONSTRUCT IN PLATFORM

1. OBJECTIVE AND SCOPE

1.1 These Terms of Use ("Terms") set forth the conditions for access to and use of the PLATFORM, developed by CONSTRUCT IN ("Company," "we," "our"), a tool for capturing the reality of construction sites, which offers its clients remote and continuous monitoring of the progress of their projects.

1.2 By accessing and using the Platform, the user (“Client,” “you”) declares that they have read, understood, and fully accept the provisions of these Terms. If you do not agree with any part of the Terms, the use of the Platform must be immediately discontinued.

2. ABOUT THE PLATFORM

2.1 The Platform was created to transform the way construction site monitoring is conducted. By using monitoring technology, we offer the Client an advanced remote monitoring solution that allows for the visualization of project progress, analysis of images and performance data, in addition to detailed reports.

2.2 The Platform allows the Client to access, at any time and from anywhere, the records and images captured on-site, providing a more efficient and secure management.

3. USE OF THE PLATFORM AND CLIENT OBLIGATIONS

3.1 Account Creation: To use the Platform, the Client must create a user account by providing accurate and up-to-date information. The Client is solely responsible for the veracity of the data provided.

3.2 Access Credentials: The Client must maintain the confidentiality of their access credentials (username and password) and is responsible for all activities conducted in their account. CONSTRUCT IN is not responsible for any unauthorized use of the Client's account.

3.3 Responsibility for Equipment: Construct IN is responsible for the preventive and corrective maintenance of the equipment, provided that they are used in accordance with the given instructions. In cases where the equipment is acquired by the Client, from third parties or directly from Construct IN, all responsibility for the installation, maintenance, repair, and full operation of said equipment shall be solely the Client's.

3.4 Responsible Use: The Client agrees to use the Platform solely for lawful purposes, not engaging in any action that may impair the operation of the Platform, affect the privacy of third parties, or violate copyright laws.

4. USE OF ARTIFICIAL INTELLIGENCE (AI) AND USE OF IMAGES

4.1 The Client acknowledges and agrees that the images and videos captured by monitoring cameras or other technologies of the Platform may be used by CONSTRUCT IN for the following purposes:

a) System Improvement: The images may be analyzed by artificial intelligence (AI) algorithms to improve the accuracy and efficiency of the monitoring system, including enhancements in anomaly detection, progress forecasting, and resource optimization.

b) Development of New Models: The captured images may be processed to train new AI models aimed at providing a smarter and more personalized experience for the Client.

4.2 CONSTRUCT IN commits to using these images in an anonymized manner, ensuring that information related to the privacy of those involved in the construction site is protected, in compliance with the General Data Protection Law (LGPD) and other applicable privacy legislations.

4.3 The Client acknowledges that CONSTRUCT IN may utilize Open AI platforms and services for processing and analysis, always ensuring that data is handled securely and in accordance with applicable privacy regulations.

4.4 The Client may request the deactivation of the use of artificial intelligence for their images and videos by making a formal request via email to CONSTRUCT IN. The deactivation will be implemented within 2 business days, upon confirmation of receipt of the request.

5. INTELLECTUAL PROPERTY AND USAGE RIGHTS

5.1 The Platform and all its components, including software, hardware, visual content, design, and functionalities, are the exclusive property of CONSTRUCT IN and are protected by intellectual property rights. The Client does not acquire any rights over the Platform, except for the usage rights as described in these Terms.

5.2 The Client agrees not to reproduce, distribute, modify, reverse engineer, or create derivative works from the Platform or from any content provided through it without prior written authorization from CONSTRUCT IN.

6. PROTECTION OF PERSONAL DATA

6.1 CONSTRUCT IN is committed to protecting the privacy and security of Clients' personal data. The processing of data will be carried out in accordance with the General Data Protection Law (LGPD), respecting all rights of individuals, including the rights of access, correction, and deletion of their data.

6.2 CONSTRUCT IN collects, stores, and processes personal data from the Client only for purposes necessary for the provision of the services offered by the Platform. Data such as name, email, phone number, and payment information may be used to provide support, notifications, and important updates.

6.3 The Client authorizes the use of their images and data for the purposes described in this Term, including for the improvement of AI monitoring technology, as outlined in item 4.

7. LIMITATION OF LIABILITY

7.1 CONSTRUCT IN shall not be liable for any indirect damage, loss of profits, service interruption, or system failures that occur for reasons beyond its control, including issues with third-party equipment, internet connection failures, or cases of force majeure.

7.2 CONSTRUCT IN's liability is limited to the provision of the monitoring services as described in these Terms and does not extend to damages caused by failures in the use or installation of the equipment by the Client.

8. AMENDMENTS TO THE TERMS OF USE

8.1 CONSTRUCT IN reserves the right to modify these Terms at any time in order to improve services or comply with legal and regulatory requirements. Changes will be published on the Platform, and the Client will be notified of any significant changes.

8.2 The Client agrees that by continuing to use the Platform after modifications to the Terms, they will be accepting the new terms and conditions.

9. TERM AND CANCELLATION

9.1 This Term comes into effect on the date of acceptance by the Client and will remain valid as long as the Client uses the Platform.

9.2 The Client may terminate their account at any time upon request, observing the remaining obligations of the contractual relationship, and CONSTRUCT IN may suspend or terminate the Client's access in the event of a violation of the terms set forth herein.

10. APPLICABLE LAW AND JURISDICTION

10.1 This Term shall be governed by the laws of the Federative Republic of Brazil. In case of disputes, the competent jurisdiction shall be in the district of São Leopoldo/RS, waiving any other jurisdiction, no matter how privileged it may be.