Terms & Conditions

1. Preamble

These General Terms & Conditions of Use (the “Terms”) govern access to and use of the SaaS software platform named BuildXGuru (the “Platform” or “Service”) through the Website and the App, provided by Puntanet S.r.l., registered office at Viale Odorico da Pordenone 33 — Catania, VAT no. 05479560871 (the “Company” or “Provider”). Use of the Service entails full acceptance of these Terms.

2. Definitions

For the purposes of these Terms:

• “User” means any legal entity that uses the Service;
• “Account” means the access profile created by the User;
• “Content” means data, files, documents, projects and information uploaded or processed;
• “Service” means the BuildXGuru platform delivered in SaaS mode.

3. Scope of the Service

BuildXGuru is a cloud-native software platform, delivered as Software as a Service (SaaS) through the Website and the App and intended for business customers (B2B). It is designed to digitalise and centralise the operational, technical, administrative and financial management of project-based companies, with particular reference to the building, mechanical and electrical installation and construction sectors.

The platform integrates advanced tools for site management, bills of quantities, estimating, daily reports, resource planning, materials management, technical documentation, accounting, invoicing, cost monitoring, collaborative workflows and artificial-intelligence-based features.

BuildXGuru enables multi-user access through cloud infrastructure and mobile applications, supporting real-time synchronisation between the office, technical management and site personnel.

4. Registration and Access

Access to the Service requires the creation of an Account. The User warrants that all information provided is correct, up to date and complete. The User is responsible for keeping their credentials confidential and for all activity carried out through their Account.

5. Licence of Use

The Company grants the User a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence to use the Service solely for professional purposes.

The following are prohibited:

• copying or modifying the software;
• reverse engineering;
• reselling the Service without authorisation;
• using the Service in breach of the law.

6. AI Features

BuildXGuru uses artificial intelligence systems for some features.

The User acknowledges that:

• results generated by AI may contain errors or inaccuracies;
• such results must be verified before operational use;
• the Company does not warrant the absolute accuracy of automatically generated content.

7. User-Uploaded Content

Users may upload files, documents, images, data and projects within the limits of the cloud storage purchased. The User warrants that they hold all necessary rights over the uploaded content and shall hold the Company harmless from any liability arising from the infringement of third-party rights. The Company acquires no ownership rights over content uploaded by users.

7.1 Data Ownership

All data, documents, projects and content uploaded or generated by the User through the Service remain the exclusive property of the User or of the respective rights holders. The Company may process such data only to the extent necessary to provide the Service, to ensure platform security, to comply with legal obligations and for related technical activities. User data will not be transferred to third parties nor used for independent commercial purposes.

7.2 Data Retention and Deletion

Upon termination of the contractual relationship, User data may be retained for a maximum period of 90 days solely for technical, tax, legal or backup purposes. After that period, the Company may permanently delete the data, save for legal obligations. It is the User’s responsibility to export or back up their content before the Service ends.

7.3 Multi-User Accounts and Teams

The platform may allow the creation of multi-user accounts or environments shared between members of the same team or organisation. The administrator User is responsible for:

• access management;
• permission assignment;
• activities carried out by users linked to their organisation.

The Company is not liable for improper use arising from misconfigured access rights or from improperly shared credentials.

8. Plans, Fees and Payments

The Service may be offered through different subscription plans. Prices, included features and billing terms are set out in the commercial documentation available on the website.

Unless otherwise stated:

• subscriptions renew automatically;
• fees are non-refundable;
• failure to pay may result in suspension or termination of the Service.

The subscription plan initially chosen by the Customer may subsequently be amended by the Company, which shall give the Customer timely notice; the Customer may then accept the new terms or withdraw from the contract at no additional cost.

The subscription price must be paid within the agreed terms. In the event of late payment, the Company may suspend use of the Service without penalty. Should the delay exceed 30 days, the Company shall be entitled to charge the Customer default interest under Italian Legislative Decree no. 231 of 9 October 2002, as amended, without any need for formal notice of default, until the date of actual payment, without prejudice to any other remedy available to the Company under these Terms and/or by law.

9. Service Availability

The Company undertakes to keep the Service continuously available. Interruptions may occur due to:

• scheduled maintenance;
• technical updates;
• force majeure;
• events beyond the Company’s control.

10. Security and Backup

The Company adopts technical and organisational measures appropriate to the protection of data. The User nevertheless acknowledges that no IT system can guarantee absolute security.

11. Intellectual Property

All intellectual property rights relating to BuildXGuru, including software, source code, trademarks, documentation and interfaces, remain the exclusive property of the Company or of its respective licensors.

12. Privacy and Data Protection

The Company processes personal data in compliance with Regulation (EU) 2016/679 (GDPR) and applicable Italian legislation. The User warrants that they are entitled to process and upload any personal data within the platform.

13. Prohibited Uses

It is prohibited to use the Service for:

• unlawful activities;
• distribution of malware;
• infringement of third-party rights;
• unauthorised access;
• fraudulent uses or uses contrary to applicable law.

14. Limitation of Liability

Save in cases of wilful misconduct or gross negligence, the Company shall not be liable for:

• indirect damages;
• loss of data;
• loss of profit;
• operational interruptions;
• errors arising from AI-generated content;
• improper use of the platform.

15. Defects and Exclusion of Warranty

The Company gives no warranty in respect of faults, defects or malfunctions of the Service, except in cases of bad faith.

Without prejudice to the foregoing, should the Service present faults, defects or malfunctions rendering it unfit for its intended use, the Customer must submit a written complaint to the Company at the PEC address indicated in the preamble to these Terms, on pain of forfeiture, within 5 days of their occurrence.

The Customer further undertakes not to use the potentially defective Service and to report without delay any third-party claims of which they become aware. It is understood that complaints shall not give rise to any right to terminate the Contract or to suspend payments.

Where a complaint is reported by proper and timely notice under this article, the Company undertakes — after verifying and confirming the existence of the fault, defect or malfunction — to remedy it and restore the correct operation of the Service.

16. Suspension, Withdrawal and Termination

The Company may suspend or discontinue access to the Service in case of:

• breach of these Terms;
• failure to pay;
• unlawful or improper use of the Service.

The User may withdraw from the Service in accordance with the terms set out in their subscription plan. In the event of withdrawal or termination:

• access to the platform may be deactivated;
• any amounts already paid shall not be refundable unless otherwise provided by contract;
• the User must export their data within any deadlines communicated by the Company.

The Company reserves the right to terminate the relationship with immediate effect in the event of unlawful use of the Service, infringement of intellectual property rights or compromise of platform security.

17. Amendments to the Terms

The Company reserves the right to amend these Terms at any time. Amendments take effect upon their publication on the website.

18. Confidentiality

The parties undertake to keep confidential all confidential information acquired during the contractual relationship.

19. Governing Law and Jurisdiction

These Terms are governed by Italian law. The Court of Catania shall have exclusive jurisdiction over any dispute.

20. Contacts

For any question, information and/or clarification you may contact Puntanet S.r.l. by phone on +39 095 5187993 or by email at mail@puntanet.eu.