END USER SERVICES AGREEMENT ("EUSA")

By installing this App you agree to these terms of service and their incorporation into your agreement(s) with Sitemax Systems Inc. (“Sitemax”), including the choice of law clause. This App is licensed to you so you can us a suite of mobile applications deployed in a software-a-service environment for the management of a construction site (“Solution”) developed by Sitemax.

Scope

A. You are either an employee or a permitted third party contractor of an organization which has entered into an agreement with Sitemax (“Customer”) to use the Solution to help manage a construction site (“Terms of Service”). 

B. Through this app or other platform (“App”) and via Sitemax’s website as https://www.sitemaxsystems.com or sitemax.cloud (“Site”) (all services accessed through the App and Site, “Solution”) you will use the Solution;

 

Terms

1. The App will allow you to participate in a social media setting for discrete project sites. You choose the content and message you post. You understand and acknowledge that you are responsible for the content and messages you post. To be clear, unless you are violating applicable law or violating social norms, we won’t alter the content you post. 

2. The App is structured in Groups on a project-by-project basis or on a company-by-company basis. You have been added to a specific project by your employer. You can leave the Group at any time. You can ask your employer to remove you from a Group at any time. 

3. We may need to ask you for certain personal information in order to provide the Solution’s functionality to you. If you do not provide this information when requested or in accordance with these terms, we may be unable to provide the Solution to you. Any content you post is subject to Sitemax’s privacy policy. Please read the Privacy Policy here. This Privacy Policy sets out how your personal information will be used by us and includes important details about how we secure and process your data.

 

Do’s

Generally, the App allows you to communicate and communicate with other working professionals in your project. Some examples of the things you can do with the App are as follows: 

1. Make connections with others in the industry 

2. Post images and messages with respect and good intention 

3. Join and contribute to groups 

4. Comment respectfully 

5. Be friendly and constructive 

6. Be responsible for keeping your information current 

7. Create Groups 

8. Create Companies 

9. Invite trade or employees to Groups

 

Don’ts

Generally speaking, use the App to treat other parties and your work on a project with respect. Some examples of the things you should not do with the App are as follows: 

1. DO NOT post images, messages, video, content defaming others 

2. DO NOT use the systems as a source of revenue, by charging fees to perform system features for third parties 

3. DO NOT create fictional companies 

4. DO NOT misrepresent what another company is doing or saying 5. DO NOT misrepresent what another person is doing or saying 

6. DO NOT misrepresent another companies project 

7. DO NOT use any coarse language that is considered to be a curse word i.e. the “f” word etc. 

8. DO NOT violate confidentiality 

9. DO NOT login from a device that is not yours (whether a mobile phone, computer or tablet)

 

Ownership

We grant you a limited license to access and make personal use of the App and not to modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates this license and your use of the App. 

The Solution is provided to you via a software-as-a-service method and is licensed; not sold. All elements of the Solution (including the App) is owned by Sitemax. You may use the Solution only while you are an employee or contractor of Sitemax. Once the Sitemax-Customer TOS expires you may no longer use the Solution.

 

Limitation of Liability

You understand and acknowledge that the App is provided with no warranties or representations. The App is provided on an “as-is, where-is basis”. Content or messages you post may fail to be posted; errors in posting content/messages may occur and/or content/messages you post may be deleted inadvertently or by a system Sitemax admin. 

Under no circumstances will Sitemax BE LIABLE TO YOU OR ANYONE CLAIMING UNDER OR THROUGH YOU FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE APP, EVEN IF SITEMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE

 

Choice of law 

Any disputes arising under this agreement or in relation to the App shall be resolved by the courts of the province of British Columbia, Canada applying the law of the province of British Columbia, Canada.

 

Changes

We may need to change these terms sometimes, for example, when the rules regulating our Solution changes, in order to ensure that the Solution is secure and your information is safe, or when we update or modify our Solution. If we make a change to these terms that affects your rights or obligations, we will notify you.