Constructor Tech - Terms of Use: Effective date: February 9, 2024

Check for Updates: https://constructor.tech/terms-of-use

PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOU UNDERSTAND EACH SECTION.

These Terms of Use ("Terms") are an agreement between you and Constructor Technology AG and its affiliates (“Constructor Tech”, “us” “we” or “our”) and cover and govern each individual end user's ("you" or "your") use and access to Constructor Tech’s website, software, and/or services (individually or collectively, the "Services") and any information, content, text, graphics, photos, or other materials uploaded, downloaded, purchased, or appearing on or through the Services (collectively referred to as "Content"). The Terms commences on the date you accept the Terms through use of the Services and remain in full force and effect while you use the Services. Additional terms or Service requirements may apply to the individual Services and are available within the relevant Service. These Terms apply to all visitors, users, and others who access and use the Services ("Users").

By accessing or using the Services you agree to be bound by these Terms, and to review and abide by our privacy policy which is found HERE (“Privacy Policy”).

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY CONSTRUCTOR TECH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms available on the website or in the Services. We will also update the “Last updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Services, we will also send you an email to the last e-mail address you provided to us, or we will direct you in the Services to check such updates. Any changes to the Terms will be effective immediately for new Users of the website or Services and will be effective thirty (30) days after posting of notice of such changes on the website for existing Users. We may require you to provide consent to the updated Terms in a specified manner before further use of the website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you should stop using the website and/or Services. Otherwise, your continued use of the website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK TO VIEW THE CURRENT TERMS.

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under the terms and conditions of any written agreement you or your institution have entered into with Constructor Tech regarding the use of Services, or any applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you or your institution has with Constructor Tech, the terms and conditions of the written agreement shall control.

# Basic terms for accounts
You are responsible for your use of the Services. You may use the Services only if you can form a binding contract with Constructor Tech. Your account with Constructor Tech (and use of the Service) gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Services only in accordance with these Terms, any agreement between us and your institution regarding the Services, and all applicable local, state, national, and international laws, rules and regulations.

In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for the online conduct of such User; controlling the User’s access to and use of the Services; and the consequences of any misuse. Constructor Tech requires that the parent, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of any Constructor Tech Service by such minor. Constructor Tech reserves the right to provide access to the minor’s account to the minor’s parents, guardian, or other authorized adult or educational institution, upon such adult’s request. For additional information on how we use your information, please see our Privacy Statement.

Although we do not generally monitor user activity in connection with the Services, if we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, terminate your right to use the Services, or change, alter or remove your Content, in whole or in part. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Constructor Tech shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.

# Privacy
Any information that you provide to Constructor Tech, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Services (“Private Information”), will be collected, maintained and used to provide the Services to you or your institution, or in accordance with these Terms, our Privacy Statement, any additional terms applicable to an individual Service, and any agreement entered into by your institution relating to the Service.

For the avoidance of doubt, personal information that includes Student Data (defined below) provided to Constructor Tech while using these Services is governed by the terms of the agreement between Constructor Tech and the educational institution relevant to your use of the Services. As between Constructor Tech and you, you and/or the educational institution own all right, title, and interest to all Student Data you provide or otherwise make available to us, and we do not own, control, or license such Student Data, except to provide the Services to you and to the educational institution that provides the Services and controls Student Data from the educational records, as applicable, and as described herein. “Student Data” is any information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by Constructor Tech, as part of the provision of the Services. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g) or other applicable laws. Constructor Tech agrees to treat Student Data as confidential and not to share it with third parties other than as described in Constructor Tech’s agreement with the educational institution and our DPA which is available on our website and by accepting these terms you agree to the terms therein.

If you have any questions regarding the privacy and use of private information, please see our Privacy Policy, the DPA, or contact us at privacy@constructor.tech or contact your educational institution.

# Rights in Content
The Services and all materials in the Services, including, but not limited to, trademarks, logos, designs, trade dress, and other designations used in connection with Constructor Tech’s Services are the property of Constructor Tech and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by us and by copyright law, trademark law, international conventions, and other intellectual property laws. You acknowledge our rights in Constructor Tech’s trademarks and agree that any use of our trademarks by you shall inure to our sole benefit. You agree that unless authorized in writing by Constructor Tech, not to incorporate any of our trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer software, internet-related products, services, or technologies.

Nothing contained on this website, or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any information displayed on the website or in the Services, through framing or otherwise, except as expressly permitted by these Terms.

You are responsible for Content that you post to the Services, and any consequences thereof. The Content you submit, post, or display may be viewed by other Users of the Services. You may be able to control the Content that other Users of certain Services may access through the privacy options in the Services.

You retain your rights to any Content you submit, post, or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) in relation solely to your use of the Services. You expressly permit Constructor Tech to identify you by your username as the contributor of your Content in any publication in any form, media, or technology now known or later developed. You agree that this license includes the right for Constructor Tech to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other institutions or individuals as part of providing Services (including after termination of your use of the Services) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights herein to any Content that you submit.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services, and we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Further, in connection with Content you submit, post, or display on or through the Services, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the Content, if any, to use such person’s name or likeness in the manner contemplated by any Service and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any Content relating to third parties; (c) your Content and Constructor Tech’s use thereof as contemplated by these Terms and any Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) Constructor Tech may exercise the rights to your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.

Constructor Tech respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to infringe without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

# Constructor Technology AG
• Attn: Constructor Legal Rheinweg 9, 8200 Schaffhausen, Switzerland
• Email: Legal@constructor.tech

# Right to use
Constructor Tech gives you the right to use the Services, subject to these Terms and any agreement your institution has with us relating to the Services, solely for the intended use of the Services, and not for competitive intelligence, analysis, or demonstrations. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of any Service, unless laws prohibit those restrictions, or you have our written permission. You must provide all equipment necessary to access the Service and are responsible for all fees incurred when accessing the Service. Additionally, you are responsible for your conduct and User Content and your compliance with these Terms.

# Acceptable use
When using the Services you must not: (i) circumvent, disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of the content accessible via the Services; (ii) give any false or misleading information or permit another person to use a Service under your name or on your behalf; (iii) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Constructor Tech, if this is not the case; (iv) use a Service if we have suspended or banned you from using it; (v) send junk, spam, repetitive messages, unsolicited advertising or marketing email, call, or text messages, or engage in any activities that violate anti-spamming laws and regulations, including but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act, or other international, federal, state, or local laws relating to emails, calls, or text messages; (vi) advocate, promote, or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property; (vii) modify, interfere, intercept, disrupt, or hack any Service or collect any data from a Service other than in accordance with these Terms; (viii) misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm the Services or any User of the Services' equipment; (ix) submit or contribute any Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, or offensive (in each case unless such Content is submitted or contributed for an educational purpose, such as, for example, historical materials contributed via a Service for class discussion); (x) submit or contribute any Content without the permission of the content owner or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties; (xi) use any Content in violation of any licensing terms specified by the owner; (xii) submit or contribute any information or commentary about another person without that person's permission; (xiii) threaten, abuse, or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety or take any action that is likely to harass, upset, embarrass, alarm, or annoy any other person; or (xiv) use any automated system, including without limitation "robots", "spiders", or "offline readers" to access a Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time.

Failure to comply with these rules of acceptable use constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary, or permanent withdrawal of your right to use the Services; (b) immediate, temporary, or permanent removal of any Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.

# Changes to the Services
We may, without prior notice, change any Service; stop providing any Service or features of any Service, to you or to Users generally; or create usage limits for any Service. We may permanently or temporarily terminate or suspend your access to any Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination for any reason, you continue to be bound by these Terms.

# Mobile software
We may make available software to access the Services via a mobile application (the “Application”) for use with the Services. Your use of the Application is governed by the end user license agreement that accompanies the Application in the marketplace where you download it.

# Rights of Constructor Tech
The Services are always evolving and the form, nature, and/or functionality of the Services may change from time to time without prior notice to you. In addition, Constructor Tech may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

All right, title, and interest in and to the Services (excluding Content provided by Users or other third parties) are and will remain the exclusive property of Constructor Tech and its licensors. The Services are protected by copyright, trademark, and other laws of Switzerland, the United States and other foreign countries. Any feedback, comments, or suggestions you may provide regarding Constructor Tech, or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

# Registration requirements and passwords
You may not use another User’s account without permission from Constructor Tech. In consideration of your use of the Services, you agree (a) that Private Information will be true, accurate, current, and complete, and (b) to maintain and promptly update Private Information to keep it true, accurate, current, and complete. You are responsible for safeguarding any password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords with your account. You agree to (a) notify Constructor Tech of any unauthorized use of your password or User identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

# Export controls
As required by the laws of Switzerland, the United States and other countries: (a) you understand that the Services are subject to export controls under applicable law, including the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) you are not located in a prohibited destination country under the EAR or U.S. or other applicable sanctions regulations; and (c) you will not export, re-export, or transfer the Services to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s).

# Termination
You're free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service and remove User Content if you're not complying with these Terms, or using the Service in a manner that may cause us legal liability, disrupt the Service, disrupt others' use of the Service or, in our sole opinion, cause harm. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Privacy, Rights to Use, Acceptable Use, Mobile Software, Rights of Constructor Tech, Termination, Disclaimers and limitations, and General terms.

Further, if you stop using the Services or fail to pay for the Services for more than 60 days, your accounts may be deleted, and Constructor Tech assumes no responsibility for Content deleted following inactivity. If you wish to delete your Constructor Tech Service account(s) in their entirety(ies), you may contact us at support@constructor.tech and specify which Constructor Tech Service account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law. Nothing in this section shall affect Constructor Tech’s rights to change, limit, or stop the provision of the Services without prior notice, as provided elsewhere in these Terms.

# Disclaimers and limitations
Please read this section carefully since it limits the liability of Constructor Tech and its parent, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, CONSTRUCTOR TECH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Constructor Tech Entities or through the Services will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Constructor Tech Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, Services, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Constructor Tech Entities of such websites or resources or the content, Services, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you access a third-party website or service from a Service or share your Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSTRUCTOR TECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONSTRUCTOR TECH EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CONSTRUCTOR TECH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CONSTRUCTOR TECH HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Constructor Tech and its affiliates, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to a Service, including any data or content transmitted or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any Content that is submitted via your User account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of a Service with your unique username, password or other appropriate security code.

# General terms
The failure of Constructor Tech to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect; except that in the event of unenforceability of the universal class action/jury trial waiver set forth in Section 11(B)(iii) below, the entire arbitration agreement shall be unenforceable.

Governing Law. These Terms and any action related thereto will be governed by the laws of Switzerland without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the courts located in courts of Zurich, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Dispute Resolution. In the event of a dispute, the Parties shall seek to find an amicable settlement. The Parties shall be entitled to seek preliminary or injunctive measures and remedies in any court of law having jurisdiction. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The number of arbitrators shall be one; The seat of the arbitration shall be Zurich, unless the parties agree on a city in another country; The arbitral proceedings shall be conducted in English.

Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSON AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE (1) PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CONSTRUCTOR TECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO THE SERVICES OR THESE TERMS.

Certain laws, rules, and regulations that may apply to you may not allow you to pre-agree to binding arbitration or waive your rights to join in a representative proceeding or waive your rights to a jury trial. If such laws apply to you, the arbitration requirements set forth above do not apply to you.

U.S. Government users & U.S. Government restricted rights. Certain of the components that comprise the Services are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein. The Services, any Application, and all upgrades to the foregoing (if any) are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Constructor Tech AG, Rheinweg 9, 8200 Schaffhausen, Switzerland. All rights not specifically granted in these Terms are reserved by Constructor Tech.

These Terms and our Privacy Statement are the entire and exclusive agreement between Constructor Tech and you regarding the Services, and these Terms supersede and replace any prior agreements between Constructor Tech and you regarding the Services. Other than members of the Constructor Tech group of companies, no other person or company will be third party beneficiaries to the Terms.

These Services are operated and provided by Constructor Tech:
• Constructor Technology AG, Rheinweg 9, 8200 Schaffhausen, Switzerland
• If you have any questions about these Terms, please email: legal@constructor.tech.
• COPPA 
• California Consumer Privacy Act ("CCPA") Notice

This CCPA NOTICE FOR CALIFORNIA RESIDENTS (“Notice”) supplements the information contained in the Privacy Policy of Constructor Tech and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice.

# Information We May Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the CCPA (“Personal Information”).

Personal Information does not include information that is:
• Lawfully made available from government records.
• Deidentified or aggregated.
• Otherwise excluded from the scope of the CCPA.

We also process personal information through our products on behalf of consumers, to provide Services. Under the CCPA, when we act on behalf of consumers, we process personal information as a “service provider,” a designation which is not subject to the disclosures and rights set forth in our Privacy Policy. To exercise your rights with respect to that personal information, you must contact the relevant customer—for example, the school you attended or company you worked for when you used our Services. We will cooperate with that business to fulfill your request if they request that we do so. To learn more about how we treat personal information, please view our Privacy Policy.