GENERAL TERMS AND CONDITIONS of "NG CODING" OOD for the use of the BuildColab Platform

Introduction

"NG CODING" OOD, with UIC 207974225, with registered office and address of management: city of Varna, postal code 9010, Primorski District, 6 Druzhba Str., Apt. 25 (the "Provider") manages the Construction Management Platform named "BuildColab" ("BuildColab") developed by the company.

These General Terms and Conditions are legally binding upon the Client and the User of BuildColab.

All services provided by BuildColab, comply with the business-to-business (B2B) model, meaning that BuildColab may not be used by natural persons acting outside the scope of their trade or business activity (commerce, business, crafts, liberal professions), or outside the performance of their obligations under an employment or other legal relationship with a Client of BuildColab, nor may it be used for purposes other than the pursuit of the relevant trade or business activity or the fulfilment of their employment duties or other obligations to a Client of BuildColab.

Definitions

BuildColab – A software platform for construction management, developed and operated by "NG CODING" OOD.

Subscription – The subscription selected by the Client for the use of the services of the BuildColab platform against a monthly or annual fee.

Provider – "NG CODING" OOD, with UIC 207974225, in its capacity as provider of the services enabling the use of the functionalities of BuildColab.

Client - Any Organization which, for the purposes of its trade activity and the organization of its work, has created an Organization Profile in BuildColab and pays a Subscription.

Level 0 – The access level at which the Profile accesses the following limited range of functionalities of BuildColab: No Subscription fee is payable for this level.

Organization - Any legal entity, branch of a legal entity, merchant, association, consortium, civil partnership or other unincorporated entity.

User – Any natural person who accesses BuildColab through a registered Profile in the platform and uses the services and functionalities of BuildColab.

Profile – An individual registration in the platform BuildColab, created by a natural person for the purposes of accessing and using the services of BuildColab.

Organization Profile – A digital profile of an Organization in BuildColab, created for the purposes of accessing and using the services and functionalities of BuildColab for construction management.

Representative of the Organization – A person holding representative functions for its Organization (legal representative/ authorized proxy).

Member of an Organization – Any User who has been invited to and has joined an Organization Profile in BuildColab.

Subscription Plan (Plan) – The access level and the range of functionalities, Seats, AI Credits and Storage Space which the Client selects for its Organization. BuildColab offers the Plan "Level 0" (free of charge) and paid Plans at the "Starter", "Professional", "Business" and "Enterprise" levels. The specific parameters and prices of each Plan are set out in the Price List.

Price List (Rate Schedule) – The current price list of BuildColab, which determines the prices of the Plans, the Seats, AI Credits and Storage Space included in each Plan, as well as the prices of the additional services (add-ons). The Price List is published at buildcolab.com/en/pricing and constitutes an integral part of these General Terms and Conditions. The prices stated are exclusive of VAT, which shall be charged additionally in accordance with the applicable legislation, where applicable.

Seat (License) – An active license within an Organization Profile, which unlocks full access for one Member of an Organization to the functionalities according to the selected Plan. Each Plan includes a certain number of Seats; for additional Seats, the Client shall upgrade to a Plan with a greater number of included Seats.

AI Assistant (BORO) – A functionality of BuildColab, through which Users use artificial intelligence to assist their work in the Platform.

AI Credit (Credit) – An abstract unit of account which is consumed upon use of the AI Assistant. The Credits do not constitute a monetary sum and are not subject to refund or redemption.

Credit Wallet – The aggregate balance of AI Credits of the Organization, consisting of included credits (provided with the Plan) and purchased credits (through Credit Packages).

Credit Package – A one-time purchased package of additional AI Credits, which is added to the Credit Wallet of the Organization.

Storage Space – The file storage capacity available to the Organization pursuant to the selected Plan and the purchased Storage Space Packages.

Storage Space Package (Storage Block) – An additional service (add-on) which, against a monthly fee, increases the available Storage Space of the Organization.

Where applicable, words in the singular shall have the meaning of the term in the plural and vice versa. Words in the masculine gender shall include the feminine and neuter genders and vice versa. Words denoting persons shall include individuals, associations, partnerships, trusts, unincorporated organizations and companies and vice versa.

1. Acceptance of the Terms

1.1 As a Client/User of BuildColab your consent to comply with and adhere to these General Terms and Conditions shall be deemed given upon the creation of your Profile by ticking the box "I have read and accept the General Terms and Conditions".

1.2 Registration in BuildColab as a Client and/or User requires express confirmation that the Client and/or User has read, accepted and agreed to the General Terms and Conditions and shall comply with the obligations agreed therein.

1.3 Upon registration of a Profile every User shall be obliged to acquaint themselves with and confirm that they have read the Privacy Policy of the Provider. Confirmation of the performance of the aforementioned actions shall be given by ticking the box "I have read and accept the Privacy Policy"

1.4  By accepting these General Terms and Conditions You declare that You are acting in one of the following capacities: (i) as a representative of the Client/ Organization, who is duly authorized to create an Organization Profile and to bind the Client/ Organization to these General Terms and Conditions; or (ii) as a User, who uses BuildColab within the scope of their employment duties or legal relationship with the Organization. You further declare that You have informed the Organization to which You belong of these General Terms and Conditions and that You are acting with its consent, obtained in accordance with the internal rules of Your Organization. 

1.5  When You accept these General Terms and Conditions in your capacity as a representative of the Organization/ Client, You confirm that You possess the necessary powers under the law, the constitutive documents or the internal rules of the Organization/Client and that You bind the Organization/ Client to all rights and obligations under these General Terms and Conditions.

1.6  When You accept these General Terms and Conditions in your capacity as a User, You declare that You use the Platform as a Member of the Organization to which you belong, within the scope of your employment duties or legal relationship with the Organization.

 

2.  Creation and Management of a Profile

2.1  Use of BuildColab requires the creation of a Profile.

2.2  Creation of a Profile on BuildColab is carried out through registration. For the purposes of registration, You will be asked to identify Yourself by entering: first name, last name, e-mail and telephone number* (*optional field). (To learn how we administer Your personal data, please review our Privacy Policy .)

2.3  Prior to payment of a Subscription, the Profile created upon registration will be configured at “Level 0” and will not have access to the full functionalities of BuildColab.

2.4  After creating a Profile, You may create an Organization Profile or join an already created Organization Profile.

 

2.5  Organization Profile

2.5.1      The management of projects and the related functionalities of BuildColab are accessible through the Organization Profile.

2.5.2      Creation of an Organization Profile requires information for identifying the Organization – name and e-mail address. At the discretion of the Client, the UIC and a contact telephone number may also be entered.

2.5.3      Creating an Organization Profile, You declare that You possess sufficient representative authority to ensure the legal binding of the Client for the purposes of using BuildColab to the extent specified in these General Terms and Conditions. All actions taken by the User who created the Organization Profile, shall be deemed valid, unless, immediately upon becoming aware thereof, the legal representative of the Organization notifies the Provider expressly and in writing to the contrary. Notwithstanding the foregoing, all prior actions performed by the User who created the Organization Profile without representative authority shall remain valid vis-à-vis the Provider.

2.5.4      The User who created the Organization Profile holds the role of Manager (“Manager”), which by default has access to all functionalities of BuildColab.

2.5.5      The User with the role of Manager (“Manager”) may create other roles within the Organization Profile, invite other Members of the Organization to register Profiles and determine their access to the functionalities of BuildColab.

2.5.6      The Client/ User shall be responsible for the truthfulness and accuracy of the information provided to BuildColab upon registration and shall update it promptly when necessary.

2.5.7      By creating an Organization Profile, the Client/User declares that the Organization has the right and purpose to carry on commercial and business activity, that it has obtained all necessary licenses and/or permits, and that no restrictions whatsoever are applicable to it, including but not limited to international sanctions that would objectively prevent the conclusion of contracts, and undertakes to perform in good faith all obligations arising from contracts validly concluded through BuildColab.

 

2.6  User Profile

2.6.1      After creating a Profile, each User may be joined to an Organization Profile. Joining is possible through an invitation from the User with the role of Manager (“Manager”) or another Member of the Organization who has the right to add other Members. The invitation must be accepted by the User in the “Invitations” section.

2.6.2      The functionalities of BuildColab to which the Member of the Organization has access through their Profile shall be determined entirely by the Manager (“Manager”) or the managing Members of the Organization possessing the relevant powers to assign a role to each of the Members of the Organization.

2.6.3      The Client (its representative), as well as each User, shall be responsible for maintaining the confidentiality of their Profiles and access passwords and for restricting access to such Profiles by third parties. Neither the Client (its representative), nor the Users shall have the right to disclose or share with other persons passwords for access to Profiles on BuildColab.

2.6.4      The Client (its representative), as well as all Users, agree that they are solely responsible for all actions carried out through their Profiles. In the event of unauthorized access to the login data for the Profile (e-mail and password), the Client/User must immediately notify the Provider, so that timely measures may be taken to secure the Profile. Notification of the Provider shall not automatically annul any prior actions carried out through the Profile to which unauthorized access has been obtained.

2.6.5      All actions carried out through a Profile on BuildColab, shall be binding both on the User of the Profile, and on the Client to whose Organization Profile the respective Profile is joined.

2.6.6      The Provider shall have the right to refuse the creation of a Profile for a given Client/ User, if:

                      i.         insufficient information has been provided to identify the person, e.g. a password has not been entered or the entered password has not been confirmed;

                    ii.         there is sufficient information regarding prior breaches of any of the obligations of the Client/User under these General Terms and Conditions.

 

3. Subscription and Additional Services

3.1.  The Provider shall grant access to the functionalities of BuildColab through Subscription Plans. In addition to the free Plan „Tier 0“, the Provider offers paid Plans at the „Starter“, „Professional“, „Business“ and „Enterprise“ tiers. Each Plan determines the scope of the available functionalities, the number of included Seats, the included AI credits and the included Disk space. The specific parameters and prices of each Plan, as well as the prices of the additional services, are set out in the Price List.

3.2.  The Subscription shall be requested and paid for by the Client at the Organization level (for the relevant Organization Profile). Upon requesting a Subscription, the Client shall select a Plan, as well as the payment period for the fee — monthly or annual. The annual period shall be paid in advance for the entire 12-month term.

3.3.  Upon requesting a Subscription you will be asked to provide billing details (the name of the company/organization, identification number (UIC), VAT number (if applicable) and address), as well as the details of a contact person with  BuildColab in connection with the administration of the Subscription and the making of payments.

3.4.  The User with the „Manager“ role, as well as Members of the Organization who have been granted the relevant right, may request the selection or change of the Plan, as well as the purchase of Credit Packages and Disk Space Packages. These actions shall be binding on the Client, regardless of the internal relationships within the Organization.

3.5.  The Provider shall activate the requested Plan immediately upon its request and shall issue an invoice for the fees due. The Client shall be obliged to pay the invoice within a 5 (five) day period. In case of delayed payment  the Provider shall be entitled to apply the measures under sections 5 and 6 below.

3.6.  Seats (licenses).

3.6.1.     Each paid Plan includes a certain number of Seats in accordance with the Price List. One active Seat unlocks full access for one Member of the Organization to the functionalities under the Plan. A Member of the Organization without an active Seat shall have access only to the functionalities at the „Tier 0“ level.

3.6.2.     The number of Seats shall be determined by the selected Plan. The purchase of separate (additional) Seats for a given Plan shall not be offered. Where the Client requires more Seats, the Client shall switch to a Plan with a greater number of included Seats in accordance with item 3.7.

3.6.3.     Upon switching to a Plan with a smaller number of included Seats, the Provider shall be entitled to deactivate the Seats in excess of the number permitted for the new Plan, whereby the Seat of the representative/owner shall be retained on a priority basis. The Provider shall not owe a refund of amounts for the unused remainder of the deactivated Seats.

3.7.  Change of the Plan (switching to a higher or lower Plan).

3.7.1.     Upon switching to a higher Plan within the current period, the Client shall pay the difference in the monthly fee between the new and the current Plan, prorated for the remaining days until the end of the current period; the end date of the period shall remain unchanged.

3.7.2.     Upon switching to a lower Plan, or any other change that does not constitute switching to a higher Plan, the change shall give rise to a new full subscription period as of the date of the change. The Provider shall not owe a refund of amounts and shall not grant credit for the unused portion of the preceding period.

3.8.  AI Assistant („BORO“) and AI Credits.

3.8.1.     The use of the AI Assistant („BORO“) shall consume AI Credits from the Credit Wallet of the Organization. Each completed action of the AI Assistant shall consume credits depending on the volume of the data processed.

3.8.2.     The Credit Wallet shall consist of: (i) included credits, provided under the selected Plan, and (ii) purchased credits acquired through Credit Packages. Upon consumption, the included credits shall be used first, followed by the purchased credits.

3.8.3.     The included credits shall be provided for the relevant subscription period and shall not be carried over to the next period — unused included credits shall not accumulate and shall be reset upon renewal or change of the Plan.

3.8.4.     Credits purchased through Credit Packages shall be valid for 365 (three hundred sixty-five) days from the date of purchase, after which they shall expire and shall not be subject to use, refund or redemption.

3.8.5.     Where the Credit Wallet is depleted (zero balance), the use of the AI Assistant shall be suspended until additional credits are purchased or a switch is made to a Plan with more included credits. AI Credits do not constitute a monetary sum and shall under no circumstances be subject to refund or redemption.

3.8.6.     The Provider shall be entitled to apply technical limitations for the purpose of protecting BuildColab, including limitations on the number of requests within a given period of time.

3.9.  Disk Space and Disk Space Packages.

3.9.1.     Each Plan includes a specified amount of Disk Space in accordance with the Price List. The Client may increase the available Disk Space by purchasing Disk Space Packages against a monthly fee in accordance with the Price List.

3.9.2.     Upon reaching 100% of the available Disk Space, the Provider shall be entitled to restrict the uploading of new files until space is freed up or additional space is purchased. Access to and downloading of already stored files shall remain possible; the Provider shall not automatically delete the Client's files due to an exceeded quota.

3.9.3.     For projects shared between Organizations, the Disk Space used shall be attributed to the quota of the Organization that created the relevant project. Uploads made by invited Organizations (e.g. subcontractors) within a shared project shall be counted towards the Disk Space of the Organization that created the project.

3.9.4.     The Disk Space Packages shall constitute a monthly recurring service and shall remain active, and shall accordingly be invoiced, until removed by the Provider at the request of the Client.

3.10.               Unless otherwise expressly provided in these General Terms and Conditions or in a mandatory legal provision, all fees paid — for Subscription Plans, Credit Packages and Disk Space Packages — shall not be subject to refund.

3.11.               Outside of the listed Subscription plans, the Provider shall have the right to provide access to BuildColab free of charge or at a reduced price for a promotional period determined by it, including in the form of a trial period.

4. Payment and Invoicing

4.1  An invoice shall be issued for each payment made to the Provider. Payment of the Subscription price, as well as of the price for the additional services (Credit packages and Storage space packages), shall be made by the Client via bank transfer to the following bank account of the Provider – IBAN: BG23STSA93000031176737, or by debit/credit card payment, where a payment service provider integration is available on the website of BuildColab.

4.2  The Subscription price shall be due in advance for the entire term of the Subscription (depending on whether a monthly or annual period has been selected). If an Organization Member is removed before the expiry of the paid term of the Subscription, the released Seat may be provided to another Organization Member joined to the Organization Profile.

 

5. Automatic Renewal of the Subscription

5.1  The renewal of the Subscription for a subsequent period shall be carried out automatically until receipt of notice from the Client that it does not wish to renew the Subscription.

5.2  The renewal of the Subscription shall be carried out automatically at the beginning of each subsequent subscription period. The Provider shall issue an invoice for the fee due for the new period (Plan and active additional services), which the Client is obligated to pay within a 5 (five) day period.

5.3  If the payment for the new subscription period is not received in the Provider's bank account by the date of the automatic renewal of the Subscription, the Provider shall have the right to restrict the use of the functionalities of BuildColab in the Organization Profile and the Profiles joined to it until the payment is received.

6. Deactivation of a Profile

6.1  The Client may choose not to renew its Subscription plan after expiry of the initial term of the Subscription. In such case, upon expiry of the Subscription term, all Profiles joined to the Organization Profile, shall be configured to usage rights of Level 0.

6.2  In case of delay in the payment of a fee due, the Provider shall have the right to restrict the use of the functionalities of BuildColab in the Organization Profile and the Profiles joined to it (default). If a fee due for an expired paid subscription period is not paid within 5 (five) days after the expiry of the period, the Provider shall have the right to configure the Profiles to "Level 0" usage rights and to terminate the granted Seats (licenses). This shall not affect the enforceability of obligations already incurred.

6.3  The Provider shall have the right to deny access to a given Client/User or to delete its Profile in the cases specifically described in these General Terms and Conditions or in the event of other systematic or material breaches of the General Terms and Conditions, including where there is sufficient information regarding prior breaches of any of the obligations of the Client/User under these General Terms and Conditions.

6.4  Regardless of the reasons for restricting access to the Profile, all payments that are due prior to the date of restricting access shall remain payable in accordance with these General Terms and Conditions.

7. Restrictions on Users

7.1  By accepting these General Terms and Conditions, You – in your capacity as a User or Client, agree to refrain from the following actions when using a Profile or an Organization Profile in BuildColab:

           i.         Violating or circumventing laws, regulations, third-party rights, or policies or terms for the administration and use of Your Profile;

          ii.         Artificially splitting the business and the Organization of the Client across different Profiles;

        iii.         Attempts to register a Profile for a Client for the same Organization, but under a different name or using a strawman, if the previous profile has been deactivated or banned due to a breach of these General Terms and Conditions;

        iv.         Any other attempt to circumvent these General Terms and Conditions and the role of BuildColab as Provider;

          v.         Publishing false, inaccurate, misleading, deceptive, defamatory, or offensive content on the BuildColab platform;

        vi.         Abusive or other inappropriate conduct towards other Clients or Users of BuildColab;

       vii.         Bad-faith use of the information and/or content of other Clients/Users or using them in a manner unrelated to the services provided by BuildColab;

     viii.         Distribution of unsolicited mail, unsolicited or mass electronic communications, chain letters or pyramid schemes;

        ix.         Distribution of viruses or other malicious software that could harm BuildColab or the interests or property of the Clients/Users of the platform;

          x.         Unauthorized disclosure of personal data, confidential information or sensitive commercial information.

 

8. Liability

8.1  The Provider shall not participate in the conclusion of transactions between the Clients and shall have no intermediary role in the commercial activity of the Clients. The Provider shall provide solely the digital space and functionalities for the management and execution of projects, incl. for requesting, providing and accepting offers from subcontractors. Agreements with counterparties under the projects managed through BuildColab shall be concluded entirely at the decision of the Clients and the terms of such agreements shall be determined between the parties to the agreement without the participation or assistance of the Provider.

8.2  The Provider shall not be liable for verifying or confirming the actual existence of the Organization or Organization Member, for which Profiles have been created.

8.3 The Client shall be responsible for the regular verification of the reliability and accuracy of the information provided through the Profile of its Organization and/or by the Profiles of its Members, as well as for all actions undertaken by the Members of the organization of the Client through their Profiles. In the event that the Client is not a legal entity or another entity with legal capacity, liability shall be borne jointly and severally by the individual Users - Members of the organization.

8.4 The Provider may facilitate negotiation processes by providing the functionalities of the BuildColab platform, but has no control over, and cannot guarantee or assume responsibility for, the good faith of the offering, negotiation and conclusion of contracts, nor for their accurate performance by the parties.

8.5 The Provider does not review, verify or approve any of the offers submitted through Profiles on BuildColab, nor does it exercise control over the type or quality of the goods and services offered by the respective persons, nor over their eligibility to be the subject of lawful transactions. All information relating to offers and the files and documents attached thereto is presented through BuildColab in the form provided by the Client and the respective Users/ Members of the organization.

8.6 The Client agrees to indemnify and hold harmless the Provider (including its affiliated persons, as well as their respective officers, directors, employees, representatives) from liability with respect to any claim, demand or complaint, including reasonable legal defense costs, brought by third parties due to or arising from breach of the General Terms and Conditions by the Client, improper use of BuildColab, or violation of applicable laws or the rights of a third party.

8.7 The project management functionalities of BuildColab may include the creation and exchange of offers, contracts, advance payments, acts of work performed, change requests and similar documents between Organizations. With respect to all these functionalities, the Provider acts solely as a neutral software provider and registrar: the Provider stores and transmits the relevant records and sends notifications, but is not a party to the respective contracts and relationships, does not approve or endorse them, does not guarantee them, and is not liable for their conclusion, validity or performance.

8.8 BuildColab does not process, order, hold, transfer or settle monetary funds between Organizations. All monetary settlements are made entirely outside the Platform, directly between the respective Organizations. The Provider is not and does not act as a payment service provider, payment institution, electronic money institution, escrow agent or money remittance provider. All monetary values reflected in the Platform (including contract values, advance payments and amounts under acts of work performed) are of a purely informative and indicative nature and do not constitute, give rise to or guarantee payment or settlement. In particular, an "approved" status of an act of work performed represents an electronic record of agreement regarding quantities and/or amounts, and not payment, confirmation of payment, or a guarantee of payment.

9. Intellectual Property and Client Content

9.1 The Provider owns all intellectual property rights in the BuildColab platform. All content included in or available on BuildColab, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, databases and data compilations, website design, software code and other content not expressly specified, is the property of the Provider or its content providers and is protected as intellectual property.

9.2 The Provider grants the Client and the User a non-exclusive, non-transferable and limited right to access and use the functionalities of BuildColab through the creation of a Profile - for a term and under conditions depending on the chosen Subscription. All rights not expressly granted to the Client are reserved and remain the property of the Provider.

9.3 The Client and the User are expressly prohibited from downloading, storing, reproducing, transferring, displaying, copying, selling, publishing, distributing, or providing access to content of the BuildColab platform for purposes other than those set forth in these General Terms and Conditions, or from sub-licensing or assigning their right of access to a Profile on BuildColab, renting or leasing it, transferring or granting rights to it, or exploiting or using the content of BuildColab for commercial purposes, except with the prior express written consent of the Provider.

9.4 The name BuildColab may not be used in connection with an offer, product or service of a Client, in a manner that may cause confusion among other Clients or Users as to the role of BuildColab, or that may harm the reputation of the Provider.

9.5 All information and content of the Client, which it or a Member of the Organization of the Client has chosen to share on BuildColab, including its trademarks and other intellectual property, shall remain the property of the Client. The Client represents that it holds all rights necessary to publish the content contained in the Organization's Profile on BuildColab and that it does not infringe the rights of third parties.

9.6 By using BuildColab, the Client agrees that the name of the Organization and/or the Client may be used by the Provider for the purposes of the operation of BuildColab, including for the purposes of promoting BuildColab through the public identification of its Clients.

9.7 The uploading of content by a Client or User to a Profile or Organization Profile does not grant other Clients or Users the right to use that content in any manner other than the actions necessary for the conclusion of a contract or the performance of a project of the respective content owner.

9.8 The Provider shall have the right, but not the obligation, to suspend any activity or remove content that is in violation of these General Terms and Conditions. The Provider may hold the Client liable for all damages arising from the unlawful use of content, caused directly or indirectly to BuildColab and the Provider.

10. Obligation to Cooperate

10.1The Provider shall have the right at any time and at its own discretion to request, and the Client shall be obligated to provide, fully, accurately and truthfully, all required explanations, information, documentation and the like, regarding:

i. evidence of the existence and registration of the Client/Organization.

ii. evidence of the representative authority of the person managing the Organization's Profile;

iii. any reasonably necessary information in case of suspicion of a breach or circumvention of these General Terms and Conditions;

            iv.         any other information which, in the opinion of the Provider, relates to verifying compliance with the obligations of the Client under these General Terms and Conditions.

11.  Breach of the General Terms and Conditions

11.1        In the event of a breach of any of the obligations of the Client or the User under these General Terms and Conditions, including its obligation not to attempt to circumvent them, the Provider shall have the right to take measures to stop the breach and/or limit the damages resulting therefrom, including to:

               i.         temporarily deactivate access to the Organization Profile or the Profiles affiliated with it, or entirely disable (including delete) the Organization Profile or the Profile, subsequently refusing, at its discretion, to re-register the same Client or a person related to it. Upon deactivation of access, the Provider shall not owe a refund of the prepaid Subscription;

             ii.         initiate judicial proceedings for the collection of amounts due;

           iii.         delete content of the Client/User or parts thereof.

11.2       The Provider shall also have the right to take all necessary lawful actions to protect its interests where, in its opinion, there is a risk of damage being caused to BuildColab, the Provider and/or another Client in the event of a breach of the law or these General Terms and Conditions by a Client/User.

 

12.  Confidentiality

12.1Each of the parties to these General Terms and Conditions may gain access to confidential information of the other party for the purpose of performing its obligations under these General Terms and Conditions.

12.2 Unless otherwise expressly agreed or implied in a particular case, the Provider shall assume that the Client's data uploaded, shared, generated or used through BuildColab constitute confidential information of the Client.

12.3For the purposes of this clause, "confidential information" shall not include information which (i) is or becomes publicly available through no act or omission of the receiving party; (ii) was lawfully in the possession of the receiving party prior to its disclosure; (iii) is disclosed to the receiving party by a third party on a lawful basis and without restrictions as to its disclosure; (iv) is independently developed by the receiving party, as evidenced by written proof; or (v) is subject to disclosure by virtue of law, a judicial act of a competent court, or an act of a regulatory or administrative authority.

12.4Each party to these General Terms and Conditions shall keep the other party's confidential information secret and, unless required by law, shall not disclose it to third parties and shall not use it for any purpose other than the exercise of its rights and the performance of its obligations under these General Terms and Conditions.

12.5Each party shall take all reasonable measures to prevent the confidential information of the other party, to which it gains access, from being disclosed or distributed by its employees, contractors, members, representatives or agents in breach of these General Terms and Conditions.

12.6Neither party shall be liable for the loss, destruction, alteration or disclosure of confidential information where the same is caused by a third party.

12.7This confidentiality clause shall remain in effect after the termination or expiry of these General Terms and Conditions.

 

13.  Applicable Law and Competent Court

13.1These General Terms and Conditions shall be governed by the applicable legislation of the Republic of Bulgaria.

13.2The Client agrees that the Bulgarian courts shall have exclusive jurisdiction to hear and determine any case, claim or proceeding and/or to settle any dispute arising out of or in any way related to these General Terms and Conditions.

 

14.  Notices

14.1You may send notices, notifications, or inquiries to the Provider by e-mail to: nikolayiliev@buildcolab.com or by registered letter with return receipt to the following address: the city of Varna, postal code 9009, "Mladost" district, No. 25A, "Usta Kolyo Ficheto" Street.

14.2All notices and communications in connection with these General Terms and Conditions from the Provider to you may be sent to the e-mail address which you provided upon registration of your Profile.

 

15.  Force Majeure

The Provider shall not be liable to the Client and the User under these General Terms and Conditions for any failure or delay in the performance of its obligations under these General Terms and Conditions or in the conduct of its business, due to acts, events, omissions or incidents beyond the reasonable control of the Provider - including, but not limited to, strikes, lockouts or other industrial disputes (whether involving employees of the Provider or of its subcontractors or suppliers), failure of a utility service or of a transport or telecommunications network, war, riot, civil commotion, malicious acts, hacker attack, system overload, failure to perform its obligations by suppliers of the Provider, where such suppliers are of key importance for the provision of the services of BuildColab to Clients/Users, compliance with any statutory act or order, rule, regulation or instruction of a state authority, accident, breakdown of installations or machinery, fire, flood, storm or other disasters caused by natural forces.

16.  Survival of the Agreement

The following sections shall remain valid even after termination of the use of the services governed by these General Terms and Conditions: 4 (Payment and Invoicing), 8 (Liability), 9 (Intellectual Property and Client Content), 12 (Confidentiality), 13 (Applicable Law and Competent Court).

If any clause of these General Terms and Conditions is or becomes invalid, void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining clauses shall not be affected in any way.

Last updated: (25.06.2026)