Terms & Conditions

For the purposes of these Terms, the following definitions apply:

• "Platform" means the BuildRight Innovations software-as-a-service platform, including the web application accessible at app.buildrightinnovations.com, any associated mobile applications, the marketing website at buildrightinnovations.com, and all related services, features, and content.
• "BuildRight Innovations", "we", "us", or "our" refers to BuildRight Innovations, a company registered in Canada.
• "Client" or "you" refers to the company, organisation, or individual that has registered for and subscribes to the Platform under a paid or trial subscription plan.
• "User" refers to any individual authorised by a Client to access and use the Platform, including employees, contractors, and field workers.
• "Client Data" means all data, information, and content uploaded, submitted, or generated by the Client or its Users through the Platform, including but not limited to project data, workforce records, GPS check-in records, photographs, field notes, safety documentation, and financial records.
• "Subscription Plan" means the applicable tier of service (Starter, Professional, Business, or Enterprise) selected by the Client, as described at buildrightinnovations.com/pricing.
• "Subscription Fee" means the recurring fee payable by the Client for access to the Platform under the applicable Subscription Plan.
• "Effective Date" means the date on which the Client first registers for or accesses the Platform, whichever is earlier.
• "Agreement" means these Terms and Conditions of Service together with any Order Forms, Subscription Agreements, or other documents incorporated by reference.

By clicking "I Agree", registering an account, or accessing or using the Platform in any manner, the Client acknowledges that it has read, understood, and agrees to be bound by these Terms. If the Client is entering into these Terms on behalf of a company or other legal entity, the individual accepting these Terms represents and warrants that they have the authority to bind that entity to these Terms. BuildRight Innovations reserves the right to modify these Terms at any time. Clients will be notified of material changes via email to the registered account address and through a notice on the Platform. Continued use of the Platform after the effective date of any amendments constitutes acceptance of the revised Terms. If the Client does not agree to the revised Terms, it must discontinue use of the Platform and cancel its subscription before the effective date of the changes.

3.1Licence Grant

Subject to these Terms and payment of the applicable Subscription Fees, BuildRight Innovations grants the Client a non-exclusive, non-transferable, limited licence to access and use the Platform solely for the Client's internal business operations during the subscription term.

3.2User Accounts

The Client is responsible for ensuring that all Users comply with these Terms. The Client must ensure that User account credentials are kept secure and confidential. The Client must notify BuildRight Innovations immediately upon becoming aware of any unauthorised access to or use of a User account. The number of Users permitted on the Platform is subject to the limits of the Client's active Subscription Plan. The Client may not allow more Users to access the Platform than permitted under its plan.

3.3Prohibited Uses

The Client and its Users must not:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations, including the laws of Canada and the Province of Saskatchewan.
• Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Platform.
• Copy, reproduce, distribute, or resell the Platform or any portion thereof without the prior written consent of BuildRight Innovations.
• Use the Platform to store or transmit any malicious code, viruses, or harmful software.
• Interfere with or disrupt the integrity or performance of the Platform, its infrastructure, or any data contained therein.
• Attempt to gain unauthorised access to the Platform, its related systems, networks, or other accounts.
• Use the Platform to process, store, or transmit any personal information in violation of applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) ,Nigeria Data Protection Act (NDPA), 2023 and applicable provincial privacy laws.
• Use automated tools, bots, scrapers, or other mechanisms to extract data from the Platform without the prior written consent of BuildRight Innovations.
• Sublicence, resell, assign, or transfer access to the Platform to any third party without the prior written consent of BuildRight Innovations.

4.1Subscription Plans

The Platform is offered under the following subscription tiers:

4.2Payment

Subscription Fees are billed in advance on a monthly or annual basis, depending on the billing cycle selected by the Client. All fees are in Canadian dollars (CAD) and are exclusive of any applicable taxes, including Goods and Services Tax (GST) and Provincial Sales Tax (PST), which shall be added where required by law. Payment is processed securely through our third-party payment processor, Stripe. By providing payment information, the Client authorises BuildRight Innovations to charge the applicable Subscription Fee to the provided payment method on each renewal date.

4.3Failed Payments and Grace Period

If a Subscription Fee payment fails, BuildRight Innovations will notify the Client via email and provide a grace period of seven (7) days to update payment information. During the grace period, the Client's access to the Platform will continue. If payment is not received within the grace period, BuildRight Innovations reserves the right to suspend or terminate the Client's access to the Platform. Field workers and other non-administrative Users will retain full access to the Platform during any grace period. The grace period banner will only be displayed to Project Manager and Company Administrator role holders.

4.4Refund Policy

Subscription Fees are non-refundable except as required by applicable law. BuildRight Innovations does not provide refunds for partial periods of use, unused features, or early cancellation of a subscription.

4.5Price Changes

BuildRight Innovations reserves the right to change Subscription Fees at any time. Clients will be notified of any price changes at least thirty (30) days before the change takes effect. Continued use of the Platform after the price change takes effect constitutes acceptance of the new pricing.

5.1Client Ownership of Data

The Client retains all ownership rights in and to its Client Data. BuildRight Innovations does not claim any ownership interest in Client Data.

5.2Licence to Client Data

By uploading or submitting Client Data to the Platform, the Client grants BuildRight Innovations a limited, non- exclusive, royalty-free licence to host, store, process, and transmit the Client Data solely for the purpose of providing the Platform services to the Client and as otherwise described in these Terms and the BuildRight Innovations Privacy Policy.

5.3Data Accuracy

The Client is solely responsible for the accuracy, quality, legality, and appropriateness of all Client Data uploaded to or processed through the Platform, including GPS location data, workforce attendance records, safety documentation, financial data, and all other content submitted by the Client or its Users.

5.4Data Storage and Security

BuildRight Innovations stores all Client Data on Amazon Web Services (AWS) infrastructure located in the Canada (Central) region (ca-central-1) in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Canadian data residency requirements, and also in compliance with the Nigeria Data Protection Act (NDPA) 2023, where applicable. BuildRight Innovations employs industry-standard security measures to protect Client Data, including encryption in transit and at rest, role-based access controls, and regular security assessments.

5.5Data Retention and Deletion

Client Data is retained for the duration of the active subscription and for a period of ninety (90) days following termination or expiry of the subscription, after which it is permanently deleted from BuildRight Innovations systems, subject to any legal obligations requiring retention. The Client may request an export of their Client Data at any time during the active subscription period by contacting legal@buildrightinnovations.com.

BuildRight Innovations is committed to protecting the privacy of its Clients and Users. The collection, use, storage, and disclosure of personal information is governed by the BuildRight Innovations Privacy Policy, which is available at buildrightinnovations.com/privacy and is incorporated into these Terms by reference. The Client acknowledges that in using the Platform, personal information of its employees and contractors (including names, email addresses, GPS location data, and attendance records) may be collected and processed by BuildRight Innovations. The Client represents and warrants that it has obtained all necessary consents from its employees and contractors for the collection and processing of such personal information through the Platform, in compliance with PIPEDA and applicable provincial privacy legislation, and with the Nigeria Data Protection Act (NDPA) 2023, where applicable

The Platform uses GPS location data for features including geofence-based check-in verification, GPS-tagged photo uploads, and site location services. By enabling these features, the Client consents to the collection of GPS location data from the mobile devices of its Users. The Client is responsible for informing its employees, contractors, and field workers that the Platform collects GPS location data during the use of location-based features. GPS data collected through the Platform is Client Data and is governed by Section 5 of these Terms. BuildRight Innovations uses server-side geofence validation to verify check-in locations. The Client acknowledges that GPS accuracy may vary depending on device hardware, operating system, and environmental conditions. BuildRight Innovations does not guarantee absolute GPS accuracy and shall not be liable for any loss or consequence arising from GPS inaccuracies.

8.1Platform Ownership

BuildRight Innovations owns and retains all intellectual property rights in and to the Platform, including its software, source code, databases, algorithms, user interface design, graphics, trademarks, and all other proprietary materials. Nothing in these Terms transfers any intellectual property rights in the Platform to the Client.

8.2Trademarks

"BuildRight Innovations", "Execution Driven by Innovation", and related logos and marks are trademarks of BuildRight Innovations. The Client is not permitted to use any BuildRight Innovations trademark, trade name, or logo without the prior written consent of BuildRight Innovations.

8.3Feedback

If the Client or any User provides feedback, suggestions, or ideas regarding the Platform ("Feedback"), BuildRight Innovations may use such Feedback without restriction and without compensation to the Client. The Client hereby assigns to BuildRight Innovations all rights in such Feedback.

8.4Future Developments and Platform Improvements

BuildRight Innovations continuously researches, develops, improves, enhances, and expands the Platform, including its software, Artificial Intelligence capabilities, workflows, algorithms, user interfaces, operational methodologies, reports, dashboards, integrations, automation capabilities, mobile applications, APIs, security controls, and other technologies.

All improvements, enhancements, updates, modifications, upgrades, custom developments, new modules, future releases, derivative works, inventions, discoveries, methodologies, processes, know how, and intellectual property developed by or on behalf of BuildRight Innovations shall remain the exclusive property of BuildRight Innovations unless otherwise expressly agreed in writing. Nothing contained within these Terms and Conditions of Service grants the Client any ownership interest in future developments, enhancements, or intellectual property created by BuildRight Innovations. The Client acknowledges that BuildRight Innovations may develop similar features, workflows, reports, dashboards, automation capabilities, Artificial Intelligence functionality, or operational methodologies for other Clients, provided that BuildRight Innovations does not disclose the Client's Confidential Information or Client Data.

8.5Protection Against Competitive Use

The Client shall not use the Platform, Documentation, Artificial Intelligence capabilities, workflows, business methodologies, reports, dashboards, configuration, user interface designs, operational processes, or any other proprietary functionality of BuildRight Innovations to develop, assist in developing, market, license, commercialise, or support any software product or service that competes with the Platform. Nothing contained within this Section restricts the Client from independently developing software without the use of BuildRight Innovations' Confidential Information, proprietary technology, trade secrets, or Intellectual Property Rights.

9.1Service Availability

BuildRight Innovations will use commercially reasonable efforts to ensure the Platform is available twenty-four (24) hours a day, seven (7) days a week. However, BuildRight Innovations does not guarantee uninterrupted access to the Platform and shall not be liable for any downtime caused by scheduled maintenance, emergency repairs, internet outages, third-party service failures, or circumstances beyond BuildRight Innovations' reasonable control.

9.2Offline Functionality

Certain features of the Platform are designed to operate offline, enabling Users to perform actions such as GPS check-ins, field notes, morning huddles, safety documentation, and daily logs without an active internet connection. Offline data is stored on the User's device and automatically synchronised with the Platform when connectivity is restored. The Client acknowledges that offline functionality relies on the User's device storage capacity and capabilities. BuildRight Innovations does not guarantee that all offline data will be successfully synchronised in all circumstances, and the Client is responsible for ensuring that its Users have adequate device storage and connection quality to support offline functionality.

9.3Stripe Billing -- Online Only

Subscription management, checkout, and billing portal features require an active internet connection. These features are not available in offline mode. This is a fundamental requirement of the Stripe payment processing system and not a limitation of the Platform.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Platform or these Terms ("Confidential Information"), and to use such Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms. Each party agrees to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no case less than reasonable care. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives the disclosing party reasonable prior written notice where permitted by law.

11.1Platform Warranties

BuildRight Innovations warrants that it will provide the Platform with reasonable skill and care and will use commercially reasonable efforts to maintain the security and integrity of the Platform and Client Data.

11.2Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BUILDRIGHT INNOVATIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BuildRight Innovations does not warrant that the Platform will be error-free, uninterrupted, secure, or free from viruses or other harmful components. The Client uses the Platform at its own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, IN NO EVENT SHALL BUILDRIGHT INNOVATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF BUILDRIGHT INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. BuildRight Innovations' total cumulative liability to the Client for any and all claims arising out of or relating to these Terms or the Platform shall not exceed the total Subscription Fees paid by the Client to BuildRight Innovations in the three (3) months immediately preceding the event giving rise to the claim.

The Client agrees to indemnify, defend, and hold harmless BuildRight Innovations and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's or its Users' use of the Platform in violation of these Terms.
• Any Client Data uploaded to the Platform, including any claim that such Client Data infringes the intellectual property rights, privacy rights, or other rights of any third party.
• The Client's failure to obtain required consents from its employees or contractors for the collection and processing of their personal information through the Platform.
• Any breach by the Client of applicable laws or regulations.

14.1Term

These Terms commence on the Effective Date and continue for the duration of the Client's active subscription unless earlier terminated in accordance with this Section.

14.2Termination by Client

The Client may cancel its subscription at any time through the billing portal accessible within the Platform. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of the subscription period.

14.3Termination by BuildRight Innovations

BuildRight Innovations may suspend or terminate the Client's access to the Platform immediately upon written notice if:

• The Client fails to pay any Subscription Fee and does not remedy the failure within the seven (7) day grace period.
• The Client materially breaches any provision of these Terms and fails to remedy such breach within fourteen (14) days of written notice from BuildRight Innovations.
• The Client becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy or insolvency proceedings.
• The Client uses the Platform in a manner that poses a security risk, legal risk, or reputational risk to BuildRight Innovations or other clients.

14.4Effect of Termination

Upon termination or expiry of these Terms, the Client's licence to access and use the Platform immediately ceases. BuildRight Innovations will retain Client Data for ninety (90) days following termination, after which it will be permanently deleted. The Client may request an export of Client Data during this ninety-day period by contacting legal@buildrightinnovations.com.

These Terms shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the applicable laws of Canada, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall first be subject to good faith negotiation between the parties. If the dispute is not resolved through negotiation within thirty (30) days of written notice of the dispute, either party may pursue resolution through the courts of the Province of Saskatchewan, to whose jurisdiction the parties hereby submit.

16.1Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Forms or Subscription Agreements, constitute the entire agreement between the parties with respect to the Platform and supersede all prior and contemporaneous agreements, representations, and understandings.

16.2Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

16.3Waiver

No failure or delay by either party to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of the same or any other right or remedy on any future occasion.

16.4Assignment

The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of BuildRight Innovations. BuildRight Innovations may assign its rights and obligations under these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to the Client.

16.5Force Majeure

BuildRight Innovations shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, government actions, internet outages, third- party service failures, or labour disputes. BuildRight Innovations will use commercially reasonable efforts to resume normal service as soon as practicable.

16.6Notices

All legal notices under these Terms must be in writing and delivered to BuildRight Innovations at legal@buildrightinnovations.com. Notices to the Client will be sent to the email address associated with the Client's account. Notices are deemed delivered upon transmission if sent by email.

The following acknowledgement must be completed by the Client before first accessing the Platform. By signing below (for Enterprise clients) or by clicking "I Agree" during the online registration process (for Starter, Professional, and Business plan subscribers), the Client confirms acceptance of these Terms. I, the undersigned, on behalf of the organisation named below, hereby confirm that:

1. 1I have read and fully understood these Terms and Conditions of Service.
2. 2I am a duly authorized representative of the Client organization and have the authority to accept these Terms on behalf of the Client organisation.
3. 3The Client organisation agrees to be bound by these Terms and Conditions of Service.
4. 4The Client organisation will ensure that all Users comply with these Terms.
5. 5The Client organisation has obtained or will obtain all necessary consents from its employees and contractors for the collection and processing of their personal information through the Platform.

The Client organization agrees to be bound by these Terms and Conditions of Service. The individual accepting these Terms represents and warrants that they are duly authorized to act on behalf of and legally bind the Client organization. BuildRight Innovations may require the Client organization to provide a duly executed copy of these Terms and Conditions of Service, signed by an authorized representative of the Client organization, together with a letter of authorization from the Client in favour of the representative as BuildRight Innovations may reasonably require. BuildRight Innovations reserves the right to withhold or suspend access to the Platform until such documentation has been received and accepted.

FOR ENTERPRISE CLIENTS: Please sign, scan, and return this completed acknowledgment page and letter of authorization from the company to legal@buildrightinnovations.com before accessing the Platform. For Starter, Professional, and Business plan subscribers, acceptance is recorded digitally at the time of registration through the Platform's online checkout process.

For legal enquiries or questions regarding these Terms, please contact: legal@buildrightinnovations.com

18.1Company Administrator

Each Client organisation shall designate at least one Company Administrator responsible for administering the Platform on behalf of the Client.

18.2Administrator Responsibilities

The Company Administrator shall be responsible for:

• Creating user accounts.
• Inviting Users to access the Platform.
• Assigning user roles and permissions.
• Updating user information.
• Deactivating or removing Users when required.
• Managing organisational settings.
• Managing subscription licences allocated to the organisation.
• Ensuring only authorised individuals have access to the Platform.
• Reviewing user access rights on a regular basis.
• Ensuring Users comply with these Terms and Conditions of Service.
• Promptly removing access for Users who leave the organisation or no longer require access.

18.3Responsibility for Administrator Actions

The Client acknowledges that Company Administrators act on behalf of the Client organisation. All actions performed by a Company Administrator within the Platform shall be deemed authorised actions of the Client. BuildRight Innovations shall not be responsible for any loss, damage, unauthorised access, data deletion, permission changes, or other consequences arising from actions performed by authorised Company Administrators.

18.4Account Invitations

User accounts may only be created by an authorised Company Administrator. The Platform does not support public self-registration. Upon creation of a User account, the invited User shall receive an email invitation containing a secure link to activate the account and create a password. The invitation link may expire after a specified period for security purposes.

18.5Mandatory Acceptance of Terms

Before completing organisation registration, every Company Administrator shall be required to accept these Terms and Conditions of Service. Before activating an invited account, every User shall also be required to accept these Terms and Conditions of Service. The Platform shall display a mandatory checkbox stating: "I have read and agree to the Terms and Conditions of Service." The words "Terms and Conditions of Service" shall be presented as a clickable hyperlink allowing the User to review the complete Terms before acceptance. The Submit button shall remain disabled until the checkbox has been selected. Acceptance shall be recorded electronically by BuildRight Innovations together with the date, time, IP address where available, and user account information for audit and legal purposes.

19.1Artificial Intelligence Services

The Platform may incorporate Artificial Intelligence ("AI") capabilities to enhance operational efficiency, automate business processes, generate reports, analyse operational data, provide recommendations, assist with planning, improve inventory management, support project execution, monitor workforce activities, and deliver other intelligent business functions. Artificial Intelligence capabilities may evolve over time and new AI powered features may be introduced, modified, enhanced, suspended, or discontinued at the sole discretion of BuildRight Innovations.

19.2AI Generated Content

The Platform may generate recommendations, summaries, forecasts, alerts, analyses, insights, schedules, inventory suggestions, productivity metrics, safety observations, project information, and other outputs using Artificial Intelligence technologies. All AI generated outputs are provided solely as decision support tools.

AI generated information shall not be interpreted as professional engineering advice, legal advice, financial advice, accounting advice, procurement advice, safety advice, regulatory advice, environmental advice, or any other form of professional opinion.

19.3Client Responsibility

The Client remains solely responsible for all decisions made using information generated by the Platform. The Client shall independently review, validate, verify, and approve all AI generated outputs before relying upon or implementing such outputs. BuildRight Innovations does not replace competent management, professional judgement, engineering expertise, regulatory compliance, workplace supervision, or operational decision making.

19.4Accuracy of AI

Artificial Intelligence technologies are probabilistic in nature and may occasionally produce incomplete, inaccurate, outdated, inconsistent, or incorrect information. BuildRight Innovations makes no representation or warranty regarding the completeness, reliability, suitability, availability, timeliness, or accuracy of any AI generated output. The Client acknowledges that AI generated outputs should always be reviewed by appropriately qualified personnel before implementation.

19.5Continuous Learning and Improvement

BuildRight Innovations may improve, retrain, enhance, replace, or update AI models and AI powered functionality to improve Platform performance, security, reliability, and user experience. Such improvements may result in changes to AI generated outputs without prior notice.

19.6Limitation of Liability

BuildRight Innovations shall not be liable for any direct or indirect loss, business interruption, financial loss, project delay, procurement error, inventory discrepancy, scheduling conflict, regulatory non compliance, operational decision, workplace incident, injury, or damage arising from reliance upon AI generated outputs. The Client accepts full responsibility for verifying all information before taking any operational, commercial, financial, engineering, safety, procurement, inventory, workforce, or management decisions.

19.7Artificial Intelligence Model Improvements

BuildRight Innovations continually researches, develops, improves, tests, and enhances the Artificial Intelligence capabilities incorporated within the Platform. Accordingly, Artificial Intelligence models, recommendation engines, predictive capabilities, automation features, natural language processing capabilities, and related technologies may evolve over time to improve accuracy, reliability, performance, usability, security, and operational effectiveness. BuildRight Innovations reserves the right to modify, replace, retrain, upgrade, or discontinue Artificial Intelligence models and related functionality as part of the ongoing development of the Platform.

19.8Client Data and Artificial Intelligence Training

BuildRight Innovations recognises the importance of protecting Client Data and Confidential Information.

Unless expressly authorised by the Client or otherwise required by applicable law, BuildRight Innovations shall not use identifiable Client Data or Confidential Information to train publicly available Artificial Intelligence models or publicly accessible machine learning systems. Nothing contained within this Section restricts BuildRight Innovations from using aggregated, anonymised, de identified, or statistical information that cannot reasonably identify a Client or any individual for purposes including improving the Platform, enhancing security, generating analytics, performing operational analysis, developing new functionality, or improving Artificial Intelligence capabilities.

19.9Responsible Use of Artificial Intelligence

Artificial Intelligence functionality provided within the Platform is intended to assist authorised Users in supporting operational decision-making and improving productivity. Artificial Intelligence generated outputs should not be considered definitive, complete, or a substitute for professional judgement. Clients and Users remain solely responsible for independently reviewing, validating, approving, and verifying all Artificial Intelligence generated recommendations, reports, analyses, forecasts, summaries, calculations, or other outputs before relying upon them for operational, commercial, financial, engineering, procurement, safety, legal, regulatory, or business decisions. BuildRight Innovations shall not be responsible for decisions made solely on the basis of Artificial Intelligence generated outputs without appropriate human review.

19.10Artificial Intelligence Availability

Artificial Intelligence functionality may rely upon third party technologies, cloud infrastructure, language models, machine learning services, or other external providers. Accordingly, Artificial Intelligence functionality may occasionally experience temporary interruptions, performance variations, service limitations, or changes resulting from updates made by BuildRight Innovations or independent third party service providers. BuildRight Innovations reserves the right to introduce, modify, enhance, suspend, replace, or discontinue Artificial Intelligence functionality where reasonably necessary to improve Platform security, performance, compliance, reliability, or operational effectiveness.

20.1Platform Purpose

The Platform is designed to assist organisations in managing operational activities, workforce coordination, project execution, inspections, documentation, inventory management, equipment records, communications, reporting, and related business processes. The Platform is an operational management solution and is not intended to replace competent supervision, engineering judgement, workplace inspections, occupational health and safety programmes, emergency procedures, quality assurance programmes, regulatory compliance, or professional decision-making.

20.2Client Responsibility

The Client remains solely responsible for:

• Workplace health and safety.
• Compliance with all applicable federal, provincial, state, territorial, municipal, and international laws and regulations.
• Occupational Health and Safety compliance.
• Environmental compliance.
• Labour and employment compliance.
• Site supervision.
• Engineering decisions.
• Equipment operation.
• Hazard identification.
• Risk assessments.
• Safe work procedures.
• Permit management.
• Emergency preparedness.
• Incident investigations.
• Quality assurance.
• Employee competency.
• Contractor management.
• Regulatory reporting. Nothing within the Platform shall be interpreted as legal advice, engineering advice, environmental advice, occupational health and safety advice, financial advice, or regulatory guidance.

20.3Safety Information

The Platform may allow Users to record safety observations, inspections, toolbox meetings, hazard reports, incident reports, corrective actions, permits, compliance records, and related information. Such records are maintained solely for operational documentation purposes. BuildRight Innovations does not review, verify, approve, certify, monitor, or validate the accuracy or completeness of safety information entered by Users.

20.4No Safety Guarantee

BuildRight Innovations does not guarantee:

• A safe workplace.
• Regulatory compliance.
• Hazard prevention.
• Accident prevention.
• Equipment suitability.
• Employee competency.
• Operational readiness.
• Project success. The implementation of appropriate workplace safety programmes remains entirely the responsibility of the Client.

20.5Industry Compliance

Clients operating within construction, mining, energy, utilities, manufacturing, transportation, healthcare, logistics, public sector, infrastructure, or any other regulated industry remain solely responsible for ensuring compliance with all industry-specific legislation, standards, codes, certifications, permits, licences, and regulatory requirements applicable to their operations.

20.6Limitation of Responsibility

BuildRight Innovations shall not be liable for any injury, fatality, environmental incident, regulatory penalty, project delay, equipment failure, operational disruption, compliance failure, or any direct or indirect damages arising from the Client's operational activities or reliance upon information recorded or generated within the Platform.

21.1Security Commitment

BuildRight Innovations is committed to maintaining a secure, reliable, resilient, and trusted Platform through the implementation of appropriate administrative, technical, physical, and organisational safeguards designed to protect Client Data, Platform services, and supporting infrastructure. Security controls are continuously reviewed and enhanced in response to evolving cybersecurity threats, technological advancements, regulatory requirements, industry best practices, and the ongoing growth of the Platform.

21.2Information Security Controls

BuildRight Innovations implements information security controls designed to protect the confidentiality, integrity, availability, and privacy of Client Data throughout its lifecycle. Security controls may include, but are not limited to:

• Multi-Factor Authentication (MFA).
• Encryption of data in transit using industry accepted Transport Layer Security (TLS).
• Encryption of data at rest using industry accepted encryption standards.
• Role Based Access Control (RBAC).
• Principle of Least Privilege.
• Secure password policies.
• Session management and automatic session timeout.
• Audit logging.
• Continuous security monitoring.
• Vulnerability management.
• Secure software development practices.
• Backup and disaster recovery procedures.
• Security incident detection and response.
• Infrastructure monitoring.
• Change management controls.
• Security awareness and governance practices. BuildRight Innovations reserves the right to introduce, modify, strengthen, or replace security controls where reasonably necessary to improve the security and resilience of the Platform. 21.2.1 Identity and Access Management BuildRight Innovations implements comprehensive Identity and Access Management (IAM) controls designed to ensure that Users have access only to the information, systems, features, and functionality necessary to perform their authorised responsibilities. Access privileges are assigned using Role Based Access Control (RBAC) and the Principle of Least Privilege. Access rights may be periodically reviewed by the Client's Company Administrator and, where necessary, by BuildRight Innovations to maintain Platform security. BuildRight Innovations reserves the right to suspend, restrict, revoke, or modify User access where unauthorised activity, suspected compromise, policy violations, security risks, or legal and regulatory requirements necessitate such action. 21.2.2 Audit Logging The Platform maintains comprehensive audit logs to support security monitoring, operational oversight, regulatory compliance, incident response, troubleshooting, and forensic investigations. Audit logs may include, but are not limited to:
• User authentication events.
• Password creation and password changes.
• Multi Factor Authentication events.
• User account creation, activation, suspension, and deactivation.
• User invitation and account acceptance.
• Role and permission changes.
• Administrative activities.
• Project creation and updates.
• Inventory transactions.
• Asset transactions.
• Workflow approvals.
• Safety and compliance activities.
• Document activities.
• System configuration changes.
• API activity where applicable.
• Security related events. Audit logs may be retained in accordance with BuildRight Innovations' data retention policies, applicable legal requirements, regulatory obligations, and legitimate business purposes. 21.2.3 Business Continuity and Disaster Recovery BuildRight Innovations maintains Business Continuity and Disaster Recovery procedures designed to minimise service disruption and support timely restoration of Platform services following unexpected events. Business continuity measures may include:
• Secure data backups.
• Infrastructure redundancy.
• Disaster recovery planning.
• Recovery testing.
• Backup verification.
• Incident response procedures.
• Service restoration processes.
• Infrastructure resilience improvements. Business Continuity and Disaster Recovery procedures may be periodically reviewed, tested, validated, and improved to enhance Platform resilience. 21.2.4 Security Testing BuildRight Innovations may conduct periodic security assessments designed to identify, evaluate, and remediate security vulnerabilities affecting the Platform. Security activities may include:
• Vulnerability assessments.
• Penetration testing.
• Secure code reviews.
• Infrastructure security assessments.
• Configuration reviews.
• Threat modelling.
• Cloud security assessments.
• Dependency reviews.
• Security monitoring. Security assessments may be performed internally or by appropriately qualified independent security professionals. The timing, methodology, and results of security assessments remain confidential unless disclosure is required by law or contract. 21.2.5 Responsible Disclosure BuildRight Innovations supports the responsible disclosure of suspected security vulnerabilities affecting the Platform. Individuals identifying potential security vulnerabilities are encouraged to report them through BuildRight Innovations' designated security contact. Persons reporting vulnerabilities are expected to act responsibly and avoid compromising Client Data, Platform availability, or system integrity. Unauthorised attempts to exploit vulnerabilities, gain unauthorised access, modify information, disrupt services, or interfere with Platform operations remain strictly prohibited and may result in legal action. 21.2.6 Password Reset and Credential Protection BuildRight Innovations reserves the right to require password resets, revoke authentication tokens, terminate active sessions, require additional Multi Factor Authentication, or perform further identity verification where reasonably necessary to protect Platform security or Client Data. Clients remain responsible for ensuring that authorised Users maintain strong password practices and adequately protect authentication credentials. 21.2.7 Third Party Service Providers BuildRight Innovations may engage trusted third party service providers to support Platform operations, including cloud infrastructure providers, payment processors, identity providers, communication services, mapping services, monitoring platforms, analytics services, cybersecurity providers, and other supporting technologies. Such providers are selected based upon commercially reasonable operational, security, privacy, and compliance standards. BuildRight Innovations shall not be liable for service interruptions, outages, delays, or security incidents arising solely from the independent acts or omissions of third party providers beyond its reasonable control. 21.2.8 Continuous Security Improvement BuildRight Innovations is committed to continuously improving its information security programme. Security policies, procedures, governance practices, technologies, authentication mechanisms, monitoring capabilities, encryption standards, and operational controls may be reviewed and enhanced periodically to address emerging cybersecurity threats, evolving regulatory requirements, technological advancements, industry best practices, and organisational growth. 21.2.9 Customer Security Reviews and Vendor Assessments

BuildRight Innovations recognises that certain Clients, particularly enterprise organisations, government entities, regulated industries, and large commercial organisations, may conduct vendor due diligence, cybersecurity assessments, privacy reviews, procurement evaluations, or supplier risk assessments before engaging the Platform. Subject to appropriate confidentiality obligations and the protection of BuildRight Innovations' Confidential Information, Intellectual Property Rights, trade secrets, and Platform security, BuildRight Innovations may reasonably cooperate with such assessments by providing appropriate documentation, security responses, compliance information, or other relevant materials. Nothing contained within this Section obligates BuildRight Innovations to disclose Confidential Information, source code, proprietary security controls, penetration testing reports, vulnerability information, or other information that could reasonably compromise Platform security or the security of other Clients. 21.2.10 Future Security Certifications BuildRight Innovations is committed to continually maturing its information security, privacy, governance, resilience, and operational management practices. As the Platform and business continue to evolve, BuildRight Innovations may pursue independent security certifications, attestations, audits, and internationally recognised standards, including but not limited to:

• SOC 1.
• SOC 2.
• ISO/IEC 27001.
• ISO/IEC 27701.
• ISO/IEC 27017.
• ISO/IEC 27018.
• ISO 22301.
• ISO 9001.
• NIST Cybersecurity Framework. Nothing contained within this Section shall be interpreted as representing that BuildRight Innovations currently holds any certification unless expressly stated in writing.

21.3Client Security Responsibilities

The Client is responsible for:

• Maintaining the confidentiality of account credentials.
• Protecting authentication devices.
• Ensuring Users follow appropriate cybersecurity practices.
• Promptly notifying BuildRight Innovations of suspected unauthorised access.
• Maintaining appropriate endpoint protection on devices accessing the Platform.
• Ensuring Users do not share passwords or authentication credentials.
• Assigning appropriate permissions to authorised Users.
• Reviewing User access periodically.
• Promptly disabling access for Users who no longer require Platform access.

21.4Security Incident Management

Where BuildRight Innovations becomes aware of a confirmed security incident affecting Client Data, commercially reasonable efforts will be made to investigate, contain, mitigate, and respond to the incident. Where required by applicable law, affected Clients may be notified within legally required timeframes. Notification timing may vary depending upon the nature of the incident, legal obligations, recommendations from law enforcement authorities, and the information available during the investigation.

21.5Security Compliance and Certification Commitment

BuildRight Innovations is committed to establishing, maintaining, and continually enhancing an enterprise information security programme aligned with internationally recognised security, privacy, governance, risk management, and compliance standards. As the Platform and business mature, BuildRight Innovations is committed to pursuing internationally recognised security certifications and independent security attestations, including:

• SOC 2.
• ISO/IEC 27001 Information Security Management Systems.
• ISO/IEC 27701 Privacy Information Management Systems.
• ISO/IEC 27017 Cloud Security.
• ISO/IEC 27018 Protection of Personally Identifiable Information in Public Cloud Services.
• CSA Cloud Controls Matrix (CCM), where appropriate.
• Other internationally recognised security, privacy, governance, and compliance frameworks applicable to the jurisdictions and industries served by BuildRight Innovations. BuildRight Innovations will continually strengthen its administrative, technical, physical, and organisational safeguards to support the confidentiality, integrity, availability, privacy, resilience, and security of the Platform and Client Data. Nothing contained within these Terms shall be interpreted as representing that BuildRight Innovations currently holds any certification, attestation, accreditation, or compliance designation unless expressly stated in writing. The absence of a particular certification shall not be interpreted as the absence of appropriate security controls or security governance practices.

21.6No Absolute Security

While BuildRight Innovations implements commercially reasonable security safeguards, no cloud platform, software application, network, electronic communication, or information technology system can be guaranteed to be completely secure. Accordingly, BuildRight Innovations does not warrant or guarantee that the Platform will be free from cyber attacks, malware, ransomware, phishing attacks, denial of service attacks, unauthorised access, data breaches, or other cybersecurity incidents.

21.7Reservation of Rights

BuildRight Innovations reserves the right to modify, strengthen, replace, suspend, or introduce security technologies, authentication mechanisms, encryption standards, monitoring capabilities, compliance controls, governance practices, or other cybersecurity measures where reasonably necessary to protect the Platform, Client Data, Users, or the overall security posture of the service.

22.1Platform Capabilities

The Platform provides technology enabled software services and functionality designed to support the operational, administrative, analytical, reporting, automation, collaboration, compliance, and business management requirements of Clients, as determined by BuildRight Innovations from time to time. The availability of specific Platform functionality may vary depending upon the Client's subscription plan, licensing arrangements, Platform configuration, geographic availability, applicable legal or regulatory requirements, and future Platform enhancements.

22.2Future Platform Functionality

BuildRight Innovations may introduce, modify, enhance, replace, suspend, or discontinue Platform functionality, modules, features, services, workflows, integrations, analytics, reports, automation capabilities, Artificial Intelligence functionality, mobile applications, application programming interfaces (APIs), and other technologies from time to time. Unless expressly stated otherwise, any new Platform functionality introduced by BuildRight Innovations shall automatically be governed by these Terms and Conditions of Service from the date such functionality becomes available. The introduction, modification, suspension, replacement, or discontinuation of any Platform functionality shall not, by itself, constitute a breach of these Terms and Conditions of Service.

22.2Client Responsibility

The Client remains solely responsible for the accuracy, completeness, quality, legality, and appropriateness of all inventory, asset, procurement, equipment, warehouse, supplier, and materials information entered into or maintained within the Platform. BuildRight Innovations does not independently verify inventory quantities, asset values, material movements, supplier information, equipment conditions, procurement records, or warehouse transactions entered by the Client or its Users.

22.3Inventory Transactions

The Platform may support various inventory transactions, including but not limited to:

• Goods receipts.
• Goods issues.
• Inventory transfers.
• Warehouse transfers.
• Inventory adjustments.
• Stock counts.
• Cycle counts.
• Inventory reservations.
• Inventory returns.
• Inventory write offs.
• Inventory reconciliation.
• Material consumption.
• Equipment allocation.
• Equipment return.
• Asset transfers.
• Procurement receiving.
• Inventory forecasting. The availability of specific inventory functions may vary depending on the Client's subscription plan and future Platform enhancements.

22.4Inventory Valuation

Any inventory valuation, inventory costing, stock valuation, consumption reports, procurement reports, inventory forecasts, or analytical information generated by the Platform is based solely upon data entered by the Client and shall be considered informational in nature. The Client remains solely responsible for validating inventory balances, financial records, accounting entries, procurement activities, and inventory valuations before relying upon such information for operational, accounting, taxation, financial reporting, or regulatory purposes.

22.5Asset Management

The Platform may support the management of organisational assets including equipment, machinery, vehicles, tools, facilities, technology assets, and other operational resources. BuildRight Innovations does not warrant the operational condition, maintenance status, regulatory compliance, calibration, certification, or fitness for purpose of any asset managed within the Platform. The Client remains solely responsible for maintaining, inspecting, servicing, replacing, certifying, and operating its assets in accordance with applicable laws, regulations, manufacturer recommendations, and organisational policies.

22.6Barcode, QR Code, RFID, and Future Technologies

The Platform may support barcode scanning, QR codes, RFID technology, Near Field Communication (NFC), GPS tracking, Bluetooth technologies, Internet of Things (IoT) devices, sensors, and other identification or tracking technologies. BuildRight Innovations does not warrant the performance, compatibility, availability, or accuracy of third party hardware devices or technologies integrated with the Platform.

22.7Procurement and Supplier Information

The Platform may store supplier information, purchase orders, quotations, invoices, contracts, procurement records, delivery information, and related procurement documentation.

The Client remains solely responsible for verifying supplier information, commercial agreements, procurement decisions, contract terms, pricing, taxes, duties, shipping costs, and payment obligations.

22.8Reporting and Analytics

Inventory reports, asset reports, procurement reports, dashboards, analytics, forecasts, trends, Key Performance Indicators (KPIs), and operational insights generated by the Platform are intended solely to assist Clients in operational decision-making. BuildRight Innovations does not warrant that such reports or analytics are free from error or suitable for financial reporting, statutory reporting, taxation, auditing, or regulatory compliance without independent verification by the Client.

22.9Operational Decisions

The Client acknowledges that all inventory, procurement, warehousing, logistics, operational, commercial, engineering, maintenance, financial, and management decisions remain solely the responsibility of the Client. BuildRight Innovations shall not be liable for inventory shortages, overstocking, stock discrepancies, procurement errors, supplier disputes, asset failures, warehouse losses, project delays, financial losses, or operational consequences arising from information recorded or generated within the Platform.

22.10Future Platform Enhancements

BuildRight Innovations may introduce additional inventory, warehouse, procurement, logistics, fleet, manufacturing, maintenance, asset lifecycle management, and supply chain capabilities as the Platform evolves. The introduction, modification, suspension, or removal of such capabilities shall not constitute a breach of these Terms and Conditions of Service.

23.1Electronic Records

The Platform creates, stores, processes, and maintains electronic records relating to the Client's operational activities. Electronic records may include, but are not limited to:

• User account information.
• User invitations.
• User acceptance of Terms and Conditions.
• Authentication records.
• Multi Factor Authentication events.
• Project information.
• Daily reports.
• Field observations.
• Workforce attendance.
• GPS check in and check out records.
• Safety observations.
• Incident reports.
• Hazard reports.
• Toolbox meetings.
• Equipment inspections.
• Asset records.
• Inventory transactions.
• Procurement activities.
• Workflow approvals.
• Forms.
• Uploaded documents.
• Images.
• Videos.
• Audit logs.
• Notifications.
• Communication records.
• System generated reports.

23.2Electronic Signatures

Where the Platform permits electronic acknowledgement, approval, acceptance, confirmation, consent, verification, or authorisation, such electronic actions shall constitute valid electronic signatures to the fullest extent permitted under applicable law. Electronic signatures may include, but are not limited to:

• Acceptance of Terms and Conditions.
• Workflow approvals.
• Document acknowledgements.
• Project approvals.
• Inspection approvals.
• Safety acknowledgements.
• Digital authorisations.
• Electronic confirmations.
• Acceptance of organisational policies.

23.3Legal Validity

The Client acknowledges that electronic records and electronic signatures generated through the Platform shall constitute legally valid business records and evidence of user activity where recognised under applicable legislation. Nothing within this Agreement guarantees that every electronic record or electronic signature will satisfy the legal requirements of every jurisdiction. The Client remains responsible for determining whether additional legal, contractual, regulatory, or organisational requirements apply to its operations.

23.4Audit Evidence

Electronic records maintained by the Platform may be used for:

• Internal investigations.
• Operational reviews.
• Compliance verification.
• Internal audits.
• External audits.
• Regulatory inspections.
• Security investigations.
• Fraud investigations.
• Legal proceedings.
• Dispute resolution.
• Insurance claims.
• Business continuity activities.

23.5Record Integrity

BuildRight Innovations implements commercially reasonable measures designed to preserve the integrity, availability, and authenticity of electronic records maintained within the Platform. While reasonable safeguards are implemented, BuildRight Innovations does not warrant that electronic records will be immune from corruption, unauthorised modification, accidental deletion, hardware failure, software failure, cyber attacks, force majeure events, or other circumstances beyond its reasonable control.

23.6Client Responsibilities

The Client remains responsible for:

• Reviewing electronically generated records.
• Maintaining organisational record retention policies.
• Exporting records where necessary.
• Retaining records required by law.
• Determining legal admissibility of records.
• Meeting statutory document retention obligations.
• Ensuring Users possess authority to electronically approve documents on behalf of the organisation.

23.7Electronic Communications

The Client agrees that notices, approvals, confirmations, alerts, reminders, invoices, statements, reports, account notifications, password reset messages, verification emails, and other communications delivered electronically through the Platform or by email shall constitute valid communications between BuildRight Innovations and the Client.

23.8Time Stamps

The Platform may record timestamps relating to system activities, approvals, workflow actions, inventory transactions, project activities, inspections, safety records, and other operational events. Recorded timestamps are generated using the Platform's system time and may be displayed according to the Client's configured timezone settings.

23.9Reservation of Rights

BuildRight Innovations reserves the right to enhance, modify, replace, expand, or discontinue electronic record management capabilities, electronic approval workflows, digital signature functionality, document retention capabilities, and audit evidence functionality as the Platform continues to evolve.

24.1Third Party Services

The Platform may integrate with or utilise third party products, software, services, infrastructure, application programming interfaces (APIs), payment providers, cloud service providers, mapping services, communication platforms, analytics services, identity providers, artificial intelligence providers, document management services, notification services, and other technologies to enhance Platform functionality. Such third party services may include, but are not limited to:

• Amazon Web Services (AWS).
• Stripe.
• Firebase.
• Google Maps Platform.
• Google Workspace.
• Microsoft services.
• Email service providers.
• SMS service providers.
• Authentication providers.
• Artificial Intelligence service providers.
• Cloud storage providers.
• Mapping and geolocation services.
• Notification platforms.
• Other third party technologies introduced as the Platform evolves.

24.2Availability of Third Party Services

The availability, functionality, performance, pricing, and reliability of third party services are controlled by their respective providers and may change without notice. BuildRight Innovations does not guarantee the continuous availability or uninterrupted operation of any third party service integrated with the Platform.

24.3Third Party Terms

Certain Platform features may be subject to additional terms, privacy policies, acceptable use policies, licensing conditions, or contractual obligations imposed by third party service providers. Clients remain responsible for complying with any applicable third party terms where their use of the Platform requires interaction with such services.

24.4Third Party Failures

BuildRight Innovations shall not be liable for any interruption, delay, loss of functionality, degradation of performance, security incident, pricing change, service outage, data loss, or operational impact resulting solely from the acts, omissions, failures, or decisions of independent third party service providers beyond BuildRight Innovations' reasonable control.

24.5Future Integrations

BuildRight Innovations may introduce additional integrations with enterprise software, accounting platforms, ERP systems, project management platforms, procurement systems, payroll systems, human resource systems, document management systems, GIS platforms, IoT devices, fleet management solutions, business intelligence platforms, and other operational technologies. The availability of specific integrations may vary depending upon the Client's subscription plan, commercial agreements, technical compatibility, regional availability, and future Platform enhancements.

24.6API Services

The Platform may provide Application Programming Interfaces (APIs) to facilitate secure integration with third party applications and Client systems. API access may be subject to authentication requirements, usage limitations, rate limits, subscription restrictions, security controls, monitoring, and technical documentation published by BuildRight Innovations. BuildRight Innovations reserves the right to modify, suspend, restrict, or discontinue API functionality where reasonably necessary to protect Platform security, performance, reliability, or operational integrity.

24.7Client Responsibilities

Where Clients utilise third party integrations or APIs, the Client remains responsible for:

• Configuring integrations appropriately.
• Protecting API credentials.
• Monitoring integration activities.
• Maintaining the security of connected systems.
• Ensuring data exchanged between systems is accurate and appropriate.
• Complying with applicable contractual, legal, and regulatory obligations.

24.8Artificial Intelligence Providers

Certain Artificial Intelligence functionality within the Platform may utilise third party AI technologies. BuildRight Innovations does not warrant the completeness, availability, accuracy, or uninterrupted operation of AI services provided by independent third party providers. AI generated outputs remain subject to the provisions contained within Section 19 of these Terms and Conditions of Service.

24.9Reservation of Rights

BuildRight Innovations reserves the right to introduce, replace, suspend, discontinue, or modify third party services, integrations, APIs, technologies, providers, or external platforms at any time where reasonably necessary to improve Platform functionality, security, compliance, performance, reliability, or operational efficiency.

25.1Mobile Platform

BuildRight Innovations may provide mobile applications, progressive web applications, offline capabilities, and other mobile technologies designed to support field operations, workforce management, inspections, inventory management, equipment management, safety reporting, project execution, and operational activities. The availability of specific mobile features may vary depending on the Client's subscription plan, device capabilities, operating system, geographic location, internet connectivity, and future Platform enhancements.

25.2Offline Functionality

The Platform may permit certain authorised activities to be performed without an active internet connection. Offline functionality may include, but is not limited to:

• Workforce check-in and check-out.
• Daily reports.
• Site diaries.
• Safety observations.
• Incident reporting.
• Equipment inspections.
• Asset inspections.
• Inventory transactions.
• Material requests.
• Photo capture.
• Document completion.
• Form submissions.
• Other supported operational activities. Information captured while offline may be stored securely on the User's device and automatically synchronised with the Platform once an internet connection becomes available.

25.3Synchronisation

The Client acknowledges that successful synchronisation depends upon:

• Internet availability.
• Device performance.
• Device storage capacity.
• Operating system compatibility.
• Application version.
• Network quality.
• Third party service availability. BuildRight Innovations does not guarantee that all offline information will synchronise successfully in every circumstance. The Client remains responsible for reviewing synchronised information to ensure operational accuracy.

25.4GPS and Location Services

The Platform may collect, process, and utilise Global Positioning System (GPS), geolocation, geofencing, mapping, and related location information for authorised operational purposes. Location services may support:

• Workforce attendance.
• Site verification.
• Geofence validation.
• Equipment location.
• Asset tracking.
• Route verification.
• Field inspections.
• Project monitoring.
• Safety reporting.
• Inventory verification.
• Operational analytics.

25.5Client Responsibilities

The Client remains responsible for informing Users that authorised location information may be collected during the use of location-enabled Platform features. The Client represents and warrants that it has obtained all necessary notices, authorisations, and consents required under applicable law for the collection, processing, storage, and use of location information.

25.6Accuracy of Location Information

GPS signals, geolocation services, mapping technologies, mobile devices, satellite coverage, environmental conditions, network connectivity, and third party location providers may affect the accuracy of location information. BuildRight Innovations does not warrant the absolute accuracy, precision, availability, completeness, or reliability of GPS coordinates, geofence validation, maps, routing information, or other location-related services.

25.7Mobile Device Security

Clients and Users remain responsible for protecting mobile devices used to access the Platform. Users should implement appropriate security measures including:

• Device passwords.
• Biometric authentication where available.
• Operating system updates.
• Device encryption.
• Malware protection.
• Secure storage.
• Prompt reporting of lost or stolen devices.

25.8Camera, Microphone, and Device Permissions

Certain Platform functionality may require access to device hardware or operating system permissions including:

• Camera.
• Microphone.
• GPS.
• Photo library.
• File storage.
• Notifications.
• Bluetooth.
• Near Field Communication (NFC).
• Motion sensors. Such permissions are requested solely to support authorised Platform functionality. Users may choose whether to grant or deny requested permissions, although certain Platform functionality may become unavailable where required permissions are denied.

25.9Reservation of Rights

BuildRight Innovations reserves the right to introduce, modify, suspend, enhance, replace, or discontinue mobile application functionality, offline capabilities, GPS services, mapping technologies, geofencing capabilities, synchronisation processes, and location-based services as the Platform continues to evolve.

26.1Purpose

The Platform is intended solely for lawful business purposes and authorised operational activities. Clients and Users shall access and use the Platform responsibly, ethically, professionally, and in compliance with these Terms and all applicable laws and regulations.

26.2Authorised Use

Clients and Users may use the Platform only for legitimate business activities authorised by the Client organisation. Authorised activities may include:

• Project management.
• Workforce management.
• Operational planning.
• Inventory management.
• Asset management.
• Procurement.
• Safety management.
• Field inspections.
• Equipment management.
• Documentation.
• Reporting.
• Collaboration.
• Business analytics.
• Other operational activities supported by the Platform.

26.3User Responsibilities

Each User shall:

• Provide accurate information.
• Maintain the confidentiality of account credentials.
• Protect authentication devices.
• Use only authorised accounts.
• Report suspected security incidents promptly.
• Use the Platform only within the scope of their assigned responsibilities.
• Comply with organisational policies established by the Client.
• Comply with applicable laws and regulations.

26.4Organisational Responsibilities

Each Client organisation is responsible for:

• Managing authorised Users.
• Assigning appropriate permissions.
• Reviewing User access periodically.
• Protecting Client Data.
• Maintaining organisational security practices.
• Monitoring User activities where appropriate.
• Ensuring compliance with applicable legislation.

26.5Fair Use

Clients shall use Platform resources responsibly. BuildRight Innovations reserves the right to implement reasonable usage limitations where necessary to maintain Platform stability, security, performance, availability, or reliability for all Clients.

26.6Regulatory Compliance

Clients remain solely responsible for ensuring that their use of the Platform complies with all applicable:

• Federal laws.
• Provincial laws.
• State laws.
• Municipal regulations.
• Industry regulations.
• Professional standards.
• Privacy legislation.
• Employment legislation.
• Occupational Health and Safety legislation.
• Environmental legislation.
• Export control laws.
• International regulations applicable to their operations.

26.7Reservation of Rights

BuildRight Innovations reserves the right to investigate suspected misuse of the Platform and to suspend, restrict, or terminate access where reasonably necessary to protect the Platform, Clients, Users, infrastructure, intellectual property, reputation, or legal interests of BuildRight Innovations.

27.1Prohibited Use

Clients and Users shall not use the Platform for any unlawful, fraudulent, malicious, unethical, or unauthorised purpose. Without limiting the generality of the foregoing, Clients and Users shall not:

27.2Unauthorised Access

• Access or attempt to access accounts, systems, information, or data without proper authorisation.
• Circumvent authentication mechanisms or security controls.
• Attempt to elevate privileges beyond authorised permissions.
• Share user accounts or authentication credentials with unauthorised individuals.
• Allow unauthorised persons to access the Platform using their account.

27.3Cybersecurity Activities

Clients and Users shall not:

• Attempt to penetrate, probe, scan, or test the vulnerability of the Platform without prior written authorisation.
• Introduce viruses, malware, ransomware, spyware, trojans, worms, malicious code, or other harmful software.
• Launch denial of service attacks, distributed denial of service attacks, or any activity intended to disrupt Platform availability.
• Attempt to intercept, monitor, or capture communications between the Platform and its Users.
• Interfere with the security, integrity, availability, confidentiality, or performance of the Platform.

27.4Reverse Engineering

Except where expressly permitted by applicable law, Clients and Users shall not:

• Reverse engineer the Platform.
• Decompile the Platform.
• Disassemble the Platform.
• Copy source code.
• Modify Platform software.
• Create derivative works.
• Attempt to discover proprietary algorithms, security controls, databases, APIs, system architecture, or other confidential technologies.

27.5Intellectual Property Violations

Clients and Users shall not:

• Remove copyright notices.
• Remove proprietary notices.
• Remove trademarks.
• Copy Platform content without authorisation.
• Reproduce Platform software.
• Resell the Platform.
• Lease the Platform.
• License the Platform to third parties.
• Distribute Platform software without written permission.

27.6Fraudulent Activities

Clients and Users shall not use the Platform to:

• Commit fraud.
• Misrepresent information.
• Falsify operational records.
• Manipulate inventory records.
• Falsify attendance records.
• Submit false safety reports.
• Create misleading project documentation.
• Circumvent workflow approvals.
• Misrepresent regulatory compliance.

27.7Unlawful Content

Clients and Users shall not upload, store, transmit, publish, or distribute content that:

• Is unlawful.
• Is fraudulent.
• Is defamatory.
• Is threatening.
• Is abusive.
• Is discriminatory.
• Is obscene.
• Infringes intellectual property rights.
• Violates privacy rights.
• Violates contractual obligations.
• Violates applicable laws or regulations. .Violates , industry standards, or generally accepted ethical standards

27.8Misuse of Artificial Intelligence

Clients and Users shall not knowingly use Artificial Intelligence functionality within the Platform to:

• Generate fraudulent information.
• Produce misleading operational records.
• Circumvent organisational controls.
• Create false documentation.
• Misrepresent compliance activities.
• Engage in unlawful or unethical activities. Clients remain responsible for verifying all AI generated outputs before relying upon them.

27.9Automated Access

Unless expressly authorised in writing by BuildRight Innovations, Clients and Users shall not:

• Use automated bots.
• Deploy web crawlers.
• Use scraping tools.
• Use automated scripts.
• Use robotic process automation to access the Platform.
• Harvest data from the Platform.
• Excessively consume Platform resources.
• Interfere with Platform performance. Authorised integrations using officially supported APIs are excluded from this restriction.

27.10Third Party Rights

Clients shall not use the Platform in any manner that infringes the legal rights, intellectual property rights, contractual rights, privacy rights, or confidential information of any third party.

27.11Compliance Investigations

BuildRight Innovations reserves the right to investigate suspected violations of these Terms and Conditions of Service. Where reasonably necessary, BuildRight Innovations may suspend, restrict, terminate, or permanently revoke Platform access while investigations are conducted.

27.12Reporting Illegal Activities

BuildRight Innovations reserves the right to cooperate with law enforcement agencies, regulatory authorities, courts, and other competent authorities where required by applicable law or where reasonably necessary to investigate suspected unlawful activities involving the Platform.

27.13Reservation of Rights

Any violation of this Section may result in immediate suspension or termination of access to the Platform, removal of offending content, legal action, recovery of damages, and any other remedies available under applicable law or equity. Nothing contained within this Section limits any other rights or remedies available to BuildRight Innovations under these Terms and Conditions of Service or applicable law.

28.1Service Availability

BuildRight Innovations is committed to providing a reliable, secure, and highly available Platform for its Clients. While commercially reasonable efforts will be made to maximise Platform availability, BuildRight Innovations does not guarantee uninterrupted or error free access to the Platform. Platform availability may be affected by scheduled maintenance, emergency maintenance, software updates, infrastructure upgrades, internet connectivity, third party service providers, force majeure events, or circumstances beyond the reasonable control of BuildRight Innovations.

28.2Service Availability Objective

As the Platform and supporting infrastructure continue to mature, BuildRight Innovations intends to maintain enterprise grade service availability consistent with commercially reasonable industry practices. Service availability objectives may be published separately within applicable Service Level Agreements (SLAs), Enterprise Agreements, or Subscription Agreements where applicable.

Unless expressly agreed in writing, no specific uptime percentage is guaranteed under these Terms and Conditions of Service.

28.3Scheduled Maintenance

BuildRight Innovations may perform scheduled maintenance to:

• Improve Platform performance.
• Deploy new features.
• Apply security updates.
• Perform infrastructure upgrades.
• Implement bug fixes.
• Enhance Platform stability. Where reasonably practicable, Clients will receive advance notice of scheduled maintenance that may materially affect Platform availability.

28.4Emergency Maintenance

BuildRight Innovations reserves the right to perform emergency maintenance without prior notice where reasonably necessary to:

• Protect Platform security.
• Address critical software defects.
• Mitigate cybersecurity threats.
• Restore Platform availability.
• Protect Client Data.
• Comply with legal or regulatory requirements. Emergency maintenance may temporarily interrupt Platform availability.

28.5Platform Updates

BuildRight Innovations may release updates, enhancements, improvements, patches, security fixes, bug fixes, performance improvements, user interface changes, workflow improvements, new modules, or other Platform modifications at any time. Such updates may be deployed automatically where technically appropriate. Clients acknowledge that Platform functionality may evolve over time.

28.6Temporary Suspension of Services

BuildRight Innovations may temporarily suspend access to all or part of the Platform where reasonably necessary to:

• Perform maintenance.
• Respond to security incidents.
• Investigate suspected misuse.
• Protect Platform integrity.
• Prevent unauthorised access.
• Comply with applicable law.
• Protect other Clients using the Platform.

28.7Client Responsibilities

The Client remains responsible for:

• Maintaining reliable internet connectivity.
• Using supported web browsers.
• Installing supported mobile application versions.
• Maintaining compatible operating systems.
• Ensuring Users maintain appropriate device security.
• Testing critical business processes following significant Platform updates where appropriate.

28.8Service Interruptions

BuildRight Innovations shall not be liable for service interruptions resulting from:

• Internet service provider failures.
• Cloud infrastructure outages.
• Utility failures.
• Telecommunications failures.
• Third party software failures.
• Third party API failures.
• Hardware failures.
• Natural disasters.
• Labour disputes.
• Government actions.
• Force majeure events.
• Other circumstances beyond the reasonable control of BuildRight Innovations.

28.9Service Level Agreements

Enterprise Clients may enter into separate written Service Level Agreements with BuildRight Innovations to govern service availability, support commitments, response times, performance standards, maintenance windows, and other agreed service levels. Where a separate executed Service Level Agreement with Buildright Innovations exists, its provisions shall prevail over this Section only to the extent of any inconsistency.

28.10Reservation of Rights

BuildRight Innovations reserves the right to modify maintenance procedures, support models, service availability objectives, maintenance windows, operational processes, infrastructure architecture, deployment methodologies, and service delivery practices as the Platform continues to evolve. Such changes shall be implemented in a manner reasonably intended to improve Platform security, reliability, performance, scalability, resilience, and overall Client experience.

29.1General

BuildRight Innovations may, from time to time, offer Beta Features, Preview Services, Pilot Programmes, Early Access Programmes, Proof of Concept environments, demonstration environments, experimental functionality, or pre-release software ("Beta Services") to selected Clients. Participation in any Beta Service is voluntary unless otherwise agreed in writing.

29.2Purpose

Beta Services are intended to:

• Evaluate new functionality.
• Obtain Client feedback.
• Validate business processes.
• Improve usability.
• Assess system performance.
• Identify defects.
• Enhance future Platform capabilities.
• Support innovation and continuous improvement.

29.3Availability

Beta Services may be made available to selected Clients based upon:

• Subscription plan.
• Pilot programme participation.
• Industry sector.
• Technical readiness.
• Commercial agreements.
• Other eligibility criteria determined by BuildRight Innovations. BuildRight Innovations reserves the right to modify, suspend, withdraw, or discontinue any Beta Service at any time without prior notice.

29.4No Production Guarantee

Beta Services are provided for evaluation and testing purposes. Clients acknowledge that Beta Services may:

• Contain software defects.
• Experience reduced performance.
• Change significantly.
• Produce unexpected results.
• Become unavailable.
• Be replaced by different functionality.
• Never become part of the commercial Platform. Accordingly, Clients should avoid relying exclusively upon Beta Services for critical business operations unless expressly agreed in writing.

29.5Client Feedback

Clients participating in Beta Services may voluntarily provide feedback, recommendations, suggestions, ideas, enhancement requests, testing results, defect reports, and other information to BuildRight Innovations. Unless otherwise agreed in writing, all such feedback may be used by BuildRight Innovations without restriction or obligation to compensate the Client.

29.6Confidentiality

Certain Beta Services may constitute confidential information. Clients agree not to disclose confidential information relating to Beta Services, including functionality, user interface designs, documentation, technical information, testing results, screenshots, performance data, or future product plans unless authorised in writing by BuildRight Innovations.

29.7Limitation of Liability

Beta Services are provided on an "as available" and "as is" basis. To the fullest extent permitted by applicable law, BuildRight Innovations disclaims all warranties relating to Beta Services, including any implied warranties of merchantability, fitness for a particular purpose, availability, reliability, non infringement, or uninterrupted operation. BuildRight Innovations shall not be liable for any loss, damage, business interruption, operational disruption, project delay, data loss, financial loss, procurement error, inventory discrepancy, or other consequence arising from the use of Beta Services.

29.8Data

Clients should exercise appropriate caution when entering operational, financial, confidential, regulated, or business critical information into Beta Services. BuildRight Innovations may periodically reset, modify, migrate, archive, or delete information stored within Beta environments where reasonably necessary for development, testing, security, or operational purposes. Unless otherwise expressly stated by BuildRight Innovations, Beta Services are not intended for the long term storage of Client Data. Clients are responsible for maintaining their own backups of any data submitted to Beta Services. BuildRight Innovations does not guarantee the availability, retention, recovery, or export of data stored within Beta Services and may be unable to restore or provide such data following any reset, modification, migration, archival, or deletion. Clients DO NOT HAVE A RIGHT to extract, recover or otherwise request for data from this service. Buildright Innovation is under no obligation to retain, export, recover or provide access to Client Data stored within the service. Clients acknowledge that this service is intended for testing and evaluation purpose ONLY.

29.9Reservation of Rights

BuildRight Innovations reserves the right to introduce, modify, enhance, suspend, discontinue, commercialise, or permanently withdraw any Beta Service at its sole discretion. Participation in any Beta Service does not create any obligation on BuildRight Innovations to release, maintain, support, or continue providing such functionality as part of the commercial Platform.

30.1International Availability

BuildRight Innovations may make the Platform available to Clients and Users located in multiple countries and jurisdictions. The Client acknowledges that access to the Platform from certain jurisdictions may be restricted, prohibited, or subject to applicable laws, regulations, licensing requirements, or governmental approvals.

30.2Client Responsibility

The Client is solely responsible for ensuring that its access to and use of the Platform complies with all applicable laws, regulations, governmental requirements, contractual obligations, and industry standards applicable within the jurisdictions in which it operates. BuildRight Innovations makes no representation that the Platform is appropriate or legally available for use in every country or jurisdiction.

30.3Export Control Compliance

The Client agrees to comply with all applicable export control laws, trade regulations, customs laws, import restrictions, technology transfer regulations, and other governmental requirements applicable to the use of the Platform.

The Client shall not use, export, re-export, transfer, distribute, or otherwise make the Platform available in violation of any applicable export control or trade compliance laws.

30.4Sanctions Compliance

The Client represents and warrants that neither the Client nor any authorised User is:

• Subject to applicable economic or trade sanctions.
• Included on any applicable government sanctions list.
• Owned or controlled by a sanctioned individual or entity.
• Acting on behalf of a sanctioned individual or entity. The Client further agrees that the Platform shall not be used in any manner that violates applicable sanctions programmes or trade restrictions.

30.5Anti-Bribery and Anti-Corruption

The Client agrees to conduct its business ethically and in compliance with all applicable anti-bribery, anti-corruption, anti-money laundering, fraud prevention, and related legislation applicable to its operations. The Platform shall not be used to facilitate unlawful payments, fraudulent activities, bribery, corruption, or any other illegal conduct.

30.6Government Restrictions

BuildRight Innovations reserves the right to restrict, suspend, or terminate access to the Platform where reasonably necessary to comply with applicable laws, governmental directives, court orders, regulatory requirements, export controls, sanctions programmes, or national security obligations.

30.7Cross Border Data Processing

Where Client Data is processed, transmitted, backed up, or stored across multiple jurisdictions, BuildRight Innovations shall implement commercially reasonable safeguards designed to protect such information in accordance with applicable Canadian privacy and data protection laws and, where required by law, the applicable privacy and data protection laws of the jurisdiction in which the Client is located or the Client Data is processed. Where Client Data is processed, transmitted, accessed, backed up, or stored across multiple jurisdictions as part of the Services, BuildRight Innovations shall implement commercially reasonable technical, organizational, contractual, and administrative safeguards designed to protect such information in accordance with privacy and data protection laws applicable to BuildRight Innovations in Saskatchewan and under the federal laws of Canada, in its capacity as a service provider, processor, or other applicable role with respect to such processing. Where BuildRight Innovations initiates or controls a cross-border transfer of Client Data, including through its hosting infrastructure or authorized subprocessors, BuildRight Innovations shall implement any transfer safeguards or contractual

mechanisms required by applicable law in Saskatchewan and under the federal laws of Canada. BuildRight Innovations is not responsible for determining or ensuring the Client's compliance with privacy, employment, workplace, consent, data collection, localization, or other legal requirements arising from the Client's business operations, workforce locations, users, or independent decisions regarding the collection and use of Client Data. Client Data and Privacy Responsibilities The Client is responsible for ensuring that it has all necessary legal bases, notices, consents, authorizations, and other rights required to collect, use, disclose, upload, transmit, and otherwise process Client Data through the Services. The Client is responsible for determining and complying with privacy, employment, workplace, records management, data localization, and other legal requirements applicable to its organization, employees, contractors, users, operations, and jurisdictions. The Client shall not provide BuildRight Innovations with Client Data where doing so would violate applicable law or any contractual obligation binding upon the Client. “Applicable Data Protection Laws” means privacy, data protection, cybersecurity, breach notification, and cross-border data transfer laws and regulations in Saskatchewan and the federal laws of Canada that are legally applicable to BuildRight Innovations or to the processing activities performed by BuildRight Innovations in connection with the Services. Clients acknowledge that cloud infrastructure and authorised third party service providers may process information in jurisdictions different from the Client's country of operation.

30.8International Business Operations

Clients operating internationally remain solely responsible for ensuring compliance with all local taxation, employment, occupational health and safety, environmental, procurement, privacy, data protection, records management, and other legal or regulatory obligations applicable to their business activities. BuildRight Innovations shall not be responsible for advising Clients regarding legal or regulatory compliance within any jurisdiction.

30.9Reservation of Rights

BuildRight Innovations reserves the right to modify, suspend, restrict, or discontinue access to the Platform in any jurisdiction where continued operation would reasonably expose BuildRight Innovations to legal, regulatory, commercial, or security risks, or where required by applicable law or governmental authority.

31.1Privacy Commitment

BuildRight Innovations is committed to protecting the privacy, confidentiality, integrity, and security of Personal Information and Client Data entrusted to the Platform. BuildRight Innovations shall collect, use, process, disclose, retain, transfer, and safeguard Personal Information in accordance with applicable privacy and data protection laws and the BuildRight Innovations Privacy Policy.

31.2Applicable Privacy Laws

Depending on the jurisdiction in which the Client operates, the Platform may support compliance with applicable privacy and data protection legislation, including but not limited to:

• Personal Information Protection and Electronic Documents Act (PIPEDA).
• Provincial privacy legislation within Canada where applicable.
• General Data Protection Regulation (GDPR).
• United Kingdom General Data Protection Regulation (UK GDPR).
• California Consumer Privacy Act (CCPA), where applicable.
• Nigeria Data Protection Act (NDPA), where applicable
• Other applicable international privacy and data protection legislation. Nothing within these Terms shall be interpreted as legal advice regarding compliance with any privacy legislation.

31.3Client Responsibility

The Client remains solely responsible for ensuring that it has obtained all necessary authorisations, notices, lawful bases, and consents required to collect, upload, process, store, transfer, disclose, and manage Personal Information using the Platform. The Client further remains responsible for ensuring that its own privacy practices comply with all applicable legislation governing its business operations.

31.4Personal Information

Personal Information stored within the Platform may include, but is not limited to:

• User names.
• Email addresses.
• Telephone numbers.
• Employment information.
• GPS location information.
• Attendance records.
• Images.
• Uploaded documents.
• Digital signatures.
• Authentication information.
• Operational records.
• Audit logs.
• Other information submitted by the Client or authorised Users. The categories of information processed may evolve as Platform functionality expands.

31.5Ownership of Client Data

The Client hereby authorizes and grants BuildRight Innovations the limited rights necessary to host, process, store, secure, transmit, back up, access, and otherwise use the Client Data solely for the purpose of providing, maintaining, supporting, improving, and delivering the Platform and related services in accordance with this Agreement. BuildRight Innovations shall not use the Client Data for any other purpose except as permitted under this Agreement or as required by applicable law

31.6Confidential Processing

BuildRight Innovations shall process Client Data only for legitimate business purposes necessary to provide, secure, improve, support, maintain, troubleshoot, and administer the Platform, except where otherwise authorised by the Client or required by applicable law.

31.7Cross Border Data Transfers

The Client acknowledges that Client Data may be processed, transmitted, replicated, backed up, or stored within multiple jurisdictions using trusted cloud infrastructure and authorised third party service providers. Where cross border processing occurs, BuildRight Innovations shall implement commercially reasonable safeguards designed to protect Client Data in accordance with applicable privacy legislation.

31.8Data Retention

Client Data shall be retained for the duration of the applicable Agreement. Following termination or expiration of the Agreement, BuildRight Innovations shall retain the Client’s active production data for ninety (90) days to permit the Client to retrieve or export its data. At the end of the ninety (90)- day period, such Client Data shall be securely deleted or irreversibly anonymized from active production systems. Residual copies of deleted Client Data contained in backup systems will be retained for one hundred and twenty (120) additional days in accordance with BuildRight Innovations’ standard backup rotation and disaster recovery procedures, after which such copies shall be overwritten or securely deleted. Security logs, authentication records, and system access logs will be retained to twenty-four (24) months. Support and service-management records will be retained for three (3) years following closure of the applicable support matter. Billing records, invoices, payment records, contractual records, and other financial or compliance records will be retained for seven (7) years, or for such longer period as may be required by applicable law.

Audit records required for security, compliance, dispute resolution, fraud prevention, or the establishment, exercise, or defence of legal claims will be retained for seven (7) years. Where Client Data is subject to a valid legal hold, court order, regulatory requirement, investigation, or other mandatory legal obligation, the affected information may be retained beyond the applicable retention period until the relevant obligation has expired or been satisfied. Irreversibly anonymized information that can no longer reasonably be associated with the Client or an identifiable individual may be retained and used without a fixed retention period, subject to applicable law. Infrastructure and Application Retention Caveat: The retention periods stated in this Agreement are subject to the technical capabilities, configured retention schedules, backup rotation cycles, archival processes, and deletion mechanisms of the BuildRight Innovations Platform and its underlying infrastructure, applications, databases, cloud services, and authorized subprocessors. Buildright Innovations shall not be responsible for any data lost as a result of any or all of these operations. Where a specific infrastructure component or third-party service applies a fixed or technically required retention period, the applicable data may remain within that environment until the relevant retention or deletion cycle has been completed. BuildRight Innovations shall use commercially reasonable efforts to configure and manage its infrastructure and applications in accordance with the stated retention periods, provided that such periods shall not override any longer retention requirement imposed by applicable law, regulatory obligation, court order, legal hold, security requirement, or contractual obligation. Any residual data retained solely because of backup, disaster recovery, archival, or infrastructure-related technical limitations shall remain protected by applicable security and access controls and shall not be restored or used for ordinary business purposes except where required for legitimate recovery, security, legal, or compliance purposes.

31.9Data Deletion

Subject to applicable legal, contractual, operational, and regulatory obligations, Clients may request deletion of Client Data following termination of the applicable subscription. BuildRight Innovations reserves the right to retain information where retention is required by applicable law, court order, regulatory requirement, fraud prevention, security investigation, dispute resolution, or legitimate business purposes.

31.10Privacy and Security

BuildRight Innovations implements commercially reasonable administrative, technical, physical, and organisational safeguards designed to protect Personal Information against unauthorised access, disclosure, alteration, destruction, misuse, accidental loss, or unlawful processing.

31.11Privacy Policy

The BuildRight Innovations Privacy Policy forms an integral part of these Terms and Conditions of Service. Clients and Users are encouraged to review the Privacy Policy to understand how Personal Information is collected, used, disclosed, stored, transferred, protected, and managed.

31.12Reservation of Rights

BuildRight Innovations reserves the right to update its privacy practices, data protection procedures, security controls, and Privacy Policy from time to time to reflect changes in applicable legislation, technology, regulatory guidance, industry standards, or Platform functionality. Material changes shall become effective in accordance with the applicable notice provisions contained within these Terms and Conditions of Service.

32.1Confidential Information

For the purposes of these Terms and Conditions of Service, "Confidential Information" means any non-public information disclosed by either Party, whether orally, electronically, visually, or in writing, that is designated as confidential or that would reasonably be understood to be confidential considering the nature of the information and the circumstances surrounding its disclosure. Confidential Information may include, but is not limited to:

• Business plans.
• Strategic initiatives.
• Financial information.
• Pricing information.
• Customer information.
• Supplier information.
• Product roadmaps.
• Technical documentation.
• Source code.
• Software architecture.
• Databases.
• Algorithms.
• Artificial Intelligence models.
• Security documentation.
• Vulnerability information.
• Project documentation.
• Operational procedures.
• Inventory information.
• Asset information.
• Procurement records.
• Business processes.
• Trade secrets.
• Proprietary methodologies.
• Any other confidential business or technical information.

32.2Obligations of Confidentiality

Each Party agrees to:

• Protect Confidential Information using at least the same degree of care it applies to its own confidential information, and in no event less than a reasonable standard of care.
• Use Confidential Information solely for purposes directly related to the performance of these Terms and Conditions of Service.
• Restrict access to Confidential Information to employees, contractors, consultants, advisers, auditors, legal representatives, and authorised personnel who have a legitimate business need to know such information.
• Ensure that persons granted access to Confidential Information are subject to appropriate confidentiality obligations.

32.3Exclusions

Confidential Information shall not include information that:

• Is or becomes publicly available through no breach of these Terms.
• Was lawfully known by the receiving Party prior to disclosure.
• Is lawfully obtained from an independent third party without breach of any confidentiality obligation.
• Is independently developed without reference to the disclosing Party's Confidential Information.
• Is approved for public disclosure in writing by the disclosing Party.

32.4Mandatory Disclosure

A receiving Party may disclose Confidential Information where disclosure is required by applicable law, regulation, court order, governmental authority, or regulatory body. Where legally permissible, the receiving Party shall make commercially reasonable efforts to provide advance notice to the disclosing Party to allow appropriate protective measures to be sought.

32.5Client Confidential Information

BuildRight Innovations acknowledges that Client Data, business records, operational information, project documentation, inventory information, financial information, workforce information, and other information provided by the Client may constitute Confidential Information. BuildRight Innovations shall use commercially reasonable measures to protect such information from unauthorised access, disclosure, alteration, or misuse.

32.6BuildRight Innovations Confidential Information

The Client acknowledges that the Platform, software, source code, databases, system architecture, security controls, technical documentation, workflows, user interface designs, artificial intelligence models, algorithms, pricing methodologies, business processes, and related intellectual property constitute valuable Confidential Information belonging to BuildRight Innovations. The Client shall not disclose, reproduce, distribute, publish, reverse engineer, or otherwise misuse such Confidential Information except as expressly authorised under these Terms.

32.7Duration

The confidentiality obligations contained within this Section shall remain in effect throughout the term of the Client's subscription and shall continue for a period of five (5) years following termination of these Terms, except with respect to trade secrets and information protected by applicable law, which shall remain confidential for so long as such information continues to qualify for protection.

32.8Return or Destruction

Upon termination of the Client's subscription, or upon written request where appropriate, each Party shall, subject to applicable law and legitimate business requirements, return or securely destroy Confidential Information belonging to the other Party that is no longer required for lawful business purposes. Notwithstanding the foregoing, BuildRight Innovations may retain archival copies where required for legal compliance, disaster recovery, security monitoring, audit purposes, regulatory obligations, or legitimate business continuity requirements.

32.9Remedies

The Parties acknowledge that unauthorised disclosure or misuse of Confidential Information may result in irreparable harm for which monetary damages alone may be insufficient. Accordingly, the affected Party shall be entitled to seek injunctive relief, equitable remedies, specific performance, and any other remedies available under applicable law, in addition to any claim for damages.

32.10Reservation of Rights

Nothing contained within this Section grants either Party any ownership interest, licence, or other intellectual property rights in the Confidential Information of the other Party except as expressly provided under these Terms and Conditions of Service.

33.1Ownership

The Platform, including all software, source code, object code, databases, application programming interfaces (APIs), artificial intelligence models, machine learning models, workflows, user interfaces, screen designs, dashboards, reports, templates, documentation, graphics, images, videos, audio, trademarks, logos, service marks, trade names, business methodologies, algorithms, configuration settings, metadata, architecture, and all related intellectual property rights are and shall remain the exclusive property of BuildRight Innovations and its licensors where applicable. Nothing contained within these Terms and Conditions of Service transfers ownership of any intellectual property belonging to BuildRight Innovations to the Client or any User.

33.2Licence Grant

Subject to the Client's continued compliance with these Terms and Conditions of Service and payment of all applicable subscription fees, BuildRight Innovations grants the Client a limited, non exclusive, non transferable, non sublicensable, revocable licence to access and use the Platform solely for the Client's internal business operations during the active subscription period. This licence does not constitute a sale of the Platform or any intellectual property rights.

33.3Restrictions

Except where expressly authorised in writing by BuildRight Innovations, the Client and its Users shall not:

• Copy the Platform.
• Modify the Platform.
• Reverse engineer the Platform.
• Decompile the Platform.
• Disassemble the Platform.
• Create derivative works.
• Lease the Platform.
• Rent the Platform.
• Resell the Platform.
• Sub licence the Platform.
• Distribute the Platform.
• Commercialise the Platform.
• Remove copyright notices.
• Remove trademarks.
• Remove proprietary notices.
• Attempt to discover source code.
• Attempt to bypass licensing controls.
• Use the Platform to develop a competing product or service.

33.4Client Data

The Client retains all ownership rights to Client Data uploaded, entered, generated, or maintained within the Platform. Nothing contained within these Terms grants BuildRight Innovations ownership of Client Data. The Client grants BuildRight Innovations only those limited rights necessary to host, process, secure, transmit, back up, analyse, display, and otherwise provide the Platform and related services.

33.5Feedback

The Client may voluntarily submit comments, suggestions, recommendations, ideas, enhancement requests, feature requests, or other feedback relating to the Platform. Unless otherwise agreed in writing, BuildRight Innovations may freely use, incorporate, modify, publish, commercialise, or otherwise utilise such feedback without restriction or obligation to compensate the Client.

33.6Artificial Intelligence

All Artificial Intelligence models, algorithms, prompts, workflows, recommendation engines, automation logic, predictive models, machine learning capabilities, optimisation techniques, and related technologies developed or implemented by BuildRight Innovations remain the exclusive intellectual property of BuildRight Innovations or its respective licensors.

Nothing contained within these Terms transfers ownership of any Artificial Intelligence technology to the Client.

33.7Trademarks

BuildRight Innovations”, its logos, product names, service names, slogans, branding elements, trade dress, and other distinctive brand identifiers are proprietary to BuildRight Innovations and may be protected by registered trademark rights, unregistered trademark rights, trade name rights, passing-off protections, unfair competition laws, and other applicable intellectual property laws in jurisdictions where such rights are recognized. Trademark and trade name protection is territorial in nature, and the scope of protection may vary by jurisdiction depending on registration, use, reputation, goodwill, and applicable law. Nothing in this Agreement grants the Client any ownership interest, licence, or other right to use any BuildRight Innovations trademark, logo, trade name, branding element, or other brand identifier ecept where expressly authorized in writing by BuildRight Innovations. The Client shall not register, adopt, use, or attempt to register any trademark, trade name, domain name, social media identifier, or other designation that is identical or confusingly similar to BuildRight Innovations’ protected brand identifiers. BuildRight Innovations will pursue trademark registration initially in Canada and may seek additional registrations in other jurisdictions based on commercial expansion, market importance, legal risk, and brand-protection requirements. The Client shall not use BuildRight Innovations’ trademarks, logos, branding, marketing materials, trade names, slogans, or other identifying elements without the prior written authorisation of BuildRight Innovations. Notwithstanding the foregoing, the Client may make limited, factual, non-promotional reference to the name “BuildRight Innovations” solely where necessary to accurately identify the Platform or Services being used under this Agreement, provided that such use does not imply endorsement, partnership, sponsorship, affiliation, certification, or approval by BuildRight Innovations. The Client shall not alter, reproduce, distribute, display, incorporate into its own branding, or otherwise use any BuildRight Innovations logo, trademark, marketing material, or brand asset without prior written authorisation.

33.8Open Source Software

Certain components of the Platform may incorporate or rely upon open source software distributed under separate licence terms. Nothing contained within these Terms limits the Client's rights or obligations arising under the applicable open source licences governing such software.

33.9Reservation of Rights

All rights not expressly granted under these Terms and Conditions of Service are reserved by BuildRight Innovations. No implied licence, ownership interest, intellectual property right, or other legal interest shall arise by implication, estoppel, or otherwise.

33.10Survival

The provisions of this Section relating to ownership, intellectual property rights, confidentiality, restrictions on use, feedback, and protection of proprietary information shall survive the expiration or termination of these Terms and Conditions of Service.

34.1Platform Provided "As Is"

The Platform is provided on an "as is", "as available", and "with all faults" basis to the fullest extent permitted by applicable law. Except as expressly stated in these Terms and Conditions of Service, BuildRight Innovations makes no representation, warranty, guarantee, or condition of any kind, whether express, implied, statutory, or otherwise.

34.2Disclaimer of Warranties

To the fullest extent permitted by applicable law, BuildRight Innovations expressly disclaims all warranties, including but not limited to:

• Merchantability.
• Fitness for a particular purpose.
• Non infringement.
• Continuous availability.
• Uninterrupted service.
• Error free operation.
• Accuracy.
• Completeness.
• Reliability.
• Compatibility.
• Security.
• Performance.
• Results obtained through use of the Platform.

34.3No Professional Advice

The Platform is designed to assist Clients in managing operational activities. Nothing contained within the Platform shall constitute:

• Legal advice.
• Engineering advice.
• Accounting advice.
• Tax advice.
• Financial advice.
• Procurement advice.
• Construction advice.
• Mining advice.
• Safety advice.
• Human resources advice.
• Environmental advice.
• Regulatory advice.
• Professional consulting services. Clients remain solely responsible for obtaining independent professional advice where required.

34.4No Guarantee of Business Outcomes

BuildRight Innovations does not warrant or guarantee that use of the Platform will result in:

• Increased profitability.
• Reduced operational costs.
• Improved productivity.
• Regulatory compliance.
• Project success.
• Contract awards.
• Reduction in incidents.
• Inventory accuracy.
• Business growth.
• Increased revenue.
• Operational efficiency. Actual business outcomes depend upon numerous factors beyond the control of BuildRight Innovations.

34.5Client Decision Making

All operational, engineering, commercial, procurement, inventory, workforce, financial, management, compliance, scheduling, and business decisions remain solely the responsibility of the Client. The Client assumes full responsibility for verifying all information before acting upon it.

34.6Artificial Intelligence Disclaimer

Artificial Intelligence functionality provided within the Platform is intended solely to assist decision-making. Artificial Intelligence generated outputs may contain inaccuracies, omissions, inconsistencies, or outdated information. Clients remain solely responsible for independently reviewing, validating, and approving all Artificial Intelligence generated outputs before relying upon them.

34.7Limitation of Liability

To the fullest extent permitted by applicable law, BuildRight Innovations shall not be liable for any:

• Indirect damages.
• Incidental damages.
• Consequential damages.
• Special damages.
• Exemplary damages.
• Punitive damages.
• Loss of profits.
• Loss of revenue.
• Loss of contracts.
• Loss of goodwill.
• Loss of reputation.
• Loss of opportunity.
• Loss of anticipated savings.
• Business interruption.
• Project delays.
• Inventory discrepancies.
• Procurement errors.
• Equipment failures.
• Workforce disruptions.
• Data corruption.
• Loss of data.
• Cybersecurity incidents.
• Regulatory penalties.
• Third party claims. Whether arising in contract, tort, negligence, strict liability, statute, equity, or otherwise.

34.8Maximum Liability

To the fullest extent permitted by applicable law, the total aggregate liability of BuildRight Innovations arising out of or relating to these Terms or the Platform shall not exceed the total subscription fees actually paid by the Client to BuildRight Innovations during the twelve (12) months immediately preceding the event giving rise to the claim.

Where the Client has not paid any subscription fees, BuildRight Innovations' total liability shall not exceed One Hundred Canadian Dollars (CAD $100.00).

34.9Client Indemnification

The Client agrees to defend, indemnify, and hold harmless BuildRight Innovations, its directors, officers, employees, contractors, consultants, affiliates, licensors, successors, and assigns from and against any claims, actions, liabilities, losses, damages, costs, penalties, fines, judgments, settlements, or expenses, including reasonable legal fees, arising from or relating to:

• The Client's use of the Platform.
• Violation of these Terms.
• Violation of applicable laws.
• Violation of third party rights.
• Client Data.
• Negligence.
• Misconduct.
• Regulatory investigations.
• Workplace incidents.
• Safety failures.
• Employment disputes.
• Environmental incidents.
• Procurement activities.
• Inventory management decisions.
• Engineering decisions.
• Construction activities.
• Mining activities.
• Utility operations.
• Infrastructure projects.
• Artificial Intelligence outputs relied upon without appropriate review.

34.10Third Party Claims

BuildRight Innovations shall not be responsible for claims arising solely from:

• Third party software.
• Third party hardware.
• Third party integrations.
• Third party cloud providers.
• Third party payment processors.
• Internet service providers.
• Mobile device manufacturers.
• Telecommunications providers.
• Government actions.
• Regulatory decisions.
• Acts or omissions of the Client or authorised Users.

34.11Force Majeure

BuildRight Innovations shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters.
• Floods.
• Fires.
• Earthquakes.
• Pandemics.
• Epidemics.
• Acts of war.
• Terrorism.
• Civil unrest.
• Labour disputes.
• Utility failures.
• Internet outages.
• Cyber attacks.
• Government actions.
• Supply chain disruptions.
• Cloud infrastructure failures.
• Telecommunications failures.
• Any other force majeure event.

34.12Insurance

Clients remain responsible for maintaining appropriate insurance coverage applicable to their operations. Nothing contained within these Terms shall be interpreted as BuildRight Innovations providing insurance or assuming responsibility for risks that should reasonably be insured by the Client.

34.13Reservation of Rights

The limitations, exclusions, disclaimers, and indemnities contained within this Section shall apply to the fullest extent permitted by applicable law. Where any provision is found to be unenforceable within a particular jurisdiction, the remaining provisions shall continue in full force and effect.

35.1Entire Agreement

These Terms and Conditions of Service, together with the Privacy Policy, Subscription Agreement, Service Level Agreement (where applicable), Data Processing Agreement (where applicable), Order Forms, Statements of Work, and any other written agreements expressly incorporated by reference, constitute the entire agreement between BuildRight Innovations and the Client concerning the use of the Platform. These Terms supersede all prior discussions, negotiations, representations, understandings, proposals, agreements, or communications relating to the subject matter.

35.2Amendments

BuildRight Innovations reserves the right to amend, update, modify, or replace these Terms and Conditions of Service from time to time. Where changes materially affect the rights or obligations of Clients, BuildRight Innovations will provide reasonable notice through the Platform, electronic mail, or other appropriate communication channels. Continued use of the Platform following the effective date of any amendments constitutes acceptance of the revised Terms.

35.3Severability

If any provision of these Terms is determined by a court or tribunal of competent jurisdiction to be unlawful, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by law. The remaining provisions shall remain valid, enforceable, and continue in full force and effect.

35.4Waiver

No failure or delay by BuildRight Innovations in exercising any right, remedy, power, or privilege under these Terms shall constitute a waiver of that right or any other right. Any waiver shall be effective only if made in writing and signed by an authorised representative of BuildRight Innovations.

35.5Assignment

The Client shall not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations arising under these Terms without the prior written consent of BuildRight Innovations. BuildRight Innovations may assign or transfer these Terms as part of a corporate restructuring, merger, acquisition, sale of assets, financing transaction, or other legitimate business transaction.

35.6Relationship of the Parties

Nothing contained within these Terms creates any partnership, joint venture, agency relationship, fiduciary relationship, employment relationship, franchise, or other legal association between BuildRight Innovations and the Client. Each Party remains an independent contracting party.

35.7No Third Party Beneficiaries

Except where expressly provided in these Terms, nothing contained herein shall confer any rights or remedies upon any person or entity other than BuildRight Innovations and the Client.

35.8Survival

The provisions relating to intellectual property, confidentiality, privacy, payment obligations, audit rights, limitation of liability, indemnification, dispute resolution, governing law, and any other provisions which by their nature are intended to survive termination shall continue in full force and effect following termination or expiration of these Terms.

35.9Notices

Any notice required or permitted under these Terms shall be provided electronically, by email, through the Platform, or by any other legally recognised method of communication designated by BuildRight Innovations. Clients are responsible for maintaining accurate contact information within the Platform.

35.10Electronic Communications

The Client agrees to receive electronic communications relating to the Platform, including legal notices, security notifications, operational updates, invoices, service announcements, maintenance notifications, subscription information, compliance notices, and other communications necessary for the operation of the Platform.

35.11Headings

Section headings are provided solely for convenience and shall not affect the interpretation of these Terms.

35.12Interpretation

Unless the context requires otherwise:

• Singular words include the plural.
• Plural words include the singular.
• References to one gender include all genders.
• References to persons include individuals, corporations, partnerships, government entities, organisations, and other legal entities.
• The words "including", "includes", and "include" shall be interpreted as meaning "including without limitation."

35.13Language

These Terms and Conditions of Service have been drafted in the English language. Where translated versions are provided, the English version shall prevail to the extent permitted by applicable law in the event of any inconsistency.

35.14Reservation of Rights

All rights not expressly granted under these Terms are reserved by BuildRight Innovations. Nothing contained within these Terms shall be interpreted as limiting any legal rights or remedies available to BuildRight Innovations under applicable law.

36.1Governing Law

These Terms and Conditions of Service and any dispute, claim, controversy, or legal proceeding arising out of or relating to the Platform, these Terms, or the relationship between BuildRight Innovations and the Client shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to any conflict of law principles.

36.2Good Faith Resolution

Before commencing any formal legal proceeding, the Parties agree to make commercially reasonable efforts to resolve any dispute through good faith discussions and negotiations. Either Party may provide written notice describing the nature of the dispute and the relief sought. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) calendar days following receipt of such notice unless otherwise agreed in writing.

36.3Mediation

Where a dispute cannot be resolved through good faith negotiations, the Parties may mutually agree to submit the dispute to confidential mediation before a mutually acceptable independent mediator. Unless otherwise agreed, each Party shall bear its own legal costs and share equally the mediator's fees and administrative costs. Participation in mediation shall not prevent either Party from pursuing any legal remedy where mediation is unsuccessful.

36.4Court Jurisdiction

Subject to any mandatory requirements of applicable law, the Parties irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Saskatchewan, Canada, for the resolution of any dispute arising out of or relating to these Terms or the Platform. The Client waives any objection based upon forum non conveniens or similar legal doctrine to the fullest extent permitted by applicable law.

36.5Injunctive Relief

Nothing contained within these Terms shall prevent BuildRight Innovations from seeking immediate injunctive relief, equitable relief, specific performance, or other appropriate remedies from any court of competent jurisdiction where reasonably necessary to protect:

• Intellectual Property.
• Confidential Information.
• Trade Secrets.
• Client Data.
• Platform Security.
• Proprietary Technology.
• Business Reputation.
• Other legitimate legal rights.

36.6Limitation Period

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform shall be commenced within one (1) year after the cause of action first arose. Claims commenced after such period shall be permanently barred unless a longer limitation period is required by applicable law.

36.7Continued Performance

During the resolution of any dispute, the Parties shall continue to perform their respective obligations under these Terms to the extent reasonably practicable, unless continued performance is impossible, unlawful, or otherwise agreed in writing.

36.8Legal Costs

Unless otherwise determined by a court of competent jurisdiction or expressly agreed in writing, each Party shall bear its own legal fees, expert fees, consultant fees, and other costs incurred in connection with any dispute arising under these Terms.

36.9Reservation of Rights

Nothing contained within this Section limits any statutory rights, equitable remedies, or legal protections available to either Party under applicable law.

37.1General Enquiries

Questions regarding these Terms and Conditions of Service, the Platform, subscriptions, licensing, privacy, security, or any other matter relating to BuildRight Innovations may be directed to BuildRight Innovations using the contact information published on the official website.

37.2Contact Details

BuildRight Innovations

Email: info@buildrightinnovations.com

Website: https://www.buildrightinnovations.com

BuildRight Innovations reserves the right to update its contact information from time to time. The most current contact information shall be published on the official BuildRight Innovations website.

37.3Legal Notices

Legal notices relating to these Terms and Conditions of Service shall be delivered using the contact details published by BuildRight Innovations or through any other communication method designated by BuildRight Innovations.

Clients are responsible for ensuring that their contact information remains accurate and current throughout the duration of their subscription.

37.4Security Reporting

Suspected security vulnerabilities, security incidents, data protection concerns, or suspected unauthorised access should be reported promptly using the official contact information published by BuildRight Innovations.

37.5Business Communications

BuildRight Innovations may communicate with Clients regarding operational matters, security updates, maintenance notifications, billing information, subscription renewals, product updates, regulatory notices, legal notices, and other communications reasonably necessary for the provision of the Platform.