Welcome to the Kappatal Construction Terms of Service (the “Terms”). These Terms govern your use of the Kappatal Construction.com website and any other sites operated by Kappatal Construction (the “Sites”) as well as any Services provided by Kappatal Construction that are not subject to another agreement. By using, viewing, transmitting, caching, or otherwise utilizing the Site, the services or functions offered in or by the Sites (“the Services”), and/or the contents of the Sites in any way (the “Contents”), you have agreed to all the terms and conditions set forth below. If you do not agree to these Terms, you may not use the Sites or the Services and must leave the Sites immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Sites following the posting of changes to these Terms will mean you accept those changes.

1. ABILITY TO ACCEPT TERMS OF SERVICE

These Terms form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

2. RELATION TO THE OTHER AGREEMENTS

Notwithstanding anything to the contrary, these Terms apply to your use of the Sites, Services, and Content only to the extent that you do not have another agreement with Kappatal Construction that applies. In any conflict between these Terms and an executed Master Services Agreement or other agreement between you and Kappatal Construction, that other agreement will apply.

3. USAGE AND ACCESS RIGHTS

You may use the Site and the Services solely for your internal business purposes and in accordance with these Terms. Your acceptance of this Terms of Use and your continued use of Kappatal Construction’s Sites and Services, including use of chatbots and chat functionality, in general, provides Kappatal Construction and authorized third parties acting on its behalf with your consent to collect, use, and disclose your data (without limitation personal data pertaining to you or that you have provided) as described in the Kappatal Construction Privacy Policy (www.Kappatal Construction.com/privacy-policy). Kappatal Construction may update the Privacy Policy as set forth in that document.

Your access to the Sites and Services may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Sites and Services and destroy all materials obtained from the Site sand Services and all copies thereof.

Your use of our Sites, Services and Contents is further subject to our Acceptable Use Policy (www.Kappatal Construction.com/acceptable-use-policy).

4. OWNERSHIP

Kappatal Construction Ownership. Kappatal Construction retains all worldwide right, title and interest in and to the Sites and Services (including all modifications, alterations, and enhancements thereto and derivative works thereof) and all copies thereof are and will remain the exclusive property of Kappatal Construction and its licensors. Kappatal Construction will own all right, title and interest in and to all data Kappatal Construction collects and deidentifies in connection with the operation of the Sites and Services. You hereby acknowledge and agree access to the Sites and Services are licensed to you, not sold.

Your Ownership. You retain all your worldwide rights, title and interest, if any, in and to all (a) third-party contact data that you upload to the Services or otherwise provide to Construct Connect (“3rd Party Contact Data”) and (b) information about any of your products or those of third parties or projects (including construction projects or bidding opportunities) that you upload to the services or otherwise provide to Construct Connect (“Project Data”). Kappatal Construction hereby acknowledges and agrees that Contact Data and Project Data are licensed to Kappatal Construction, not sold.

Kappatal Construction Grants CC Data License Rights to You. Kappatal Construction hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use, modify, and distribute all data provided on a non-exclusive basis by Kappatal Construction to you via the Services for the purpose of enabling you to conduct your business activities with third parties via the Services (“CC Services Data”).