Millennial Builders OPC
MBOPC PMT — Terms of Use
Version 0.1-draft
These Terms of Use (“Terms”) govern access to and use of MBOPC PMT (the “Platform”), a project-management application operated by Millennial Builders OPC, a One Person Corporation organized under the laws of the Republic of the Philippines, with principal office at Catmon Street, SPPVS, Bibincahan, Sorsogon City (“MBOPC”, the “Operator”).
By clicking “I Agree”, or by accessing or using the Platform, you (the “User”) accept these Terms. If you use the Platform on behalf of a company or organization (a “Licensee Organization”), you represent that you are authorized to bind that organization, and “User” includes that organization.
1. The Platform
1.1 The Platform is a construction project-management tool: it records progress, schedules, materials, documents, photographs, weather data, and related project information entered by its users, and computes derived figures (including percentages of accomplishment, schedules, curves, and reports) from that information.
1.2 Access is by invitation only. Each account is personal, assigned to one named individual, and protected by a password and, where enabled, two-factor authentication.
2. Not Professional Advice
2.1 The Platform is a management and documentation aid only. Nothing in the Platform — including computed percentages, schedules, S-curves, weights, alerts, weather information, checklists, guides, or reports — constitutes engineering, architectural, legal, financial, or other professional advice.
2.2 All engineering and construction decisions remain the sole responsibility of the duly licensed professionals and responsible persons of the User or Licensee Organization. The Platform does not replace codes, standards, contract documents, professional judgment, or statutory sign-offs, and no output of the Platform may be treated as certified by a licensed professional unless separately signed and sealed by one outside the Platform.
3. User Content and Data Accuracy
3.1 Users are solely responsible for the accuracy, completeness, and timeliness of the information they enter (“User Content”). Derived figures are only as reliable as the User Content they are computed from.
3.2 The Operator is not liable for decisions, claims, billings, or representations made by any party in reliance on User Content or on figures derived from it.
3.3 Users must keep their credentials confidential, must not share accounts, and must promptly report suspected compromise. Actions taken under an account are attributed to that account’s holder.
3.4 As between the parties, a Licensee Organization retains ownership of its User Content. The Operator retains ownership of the Platform, its software, design, and know-how. The Operator may process User Content solely to operate, secure, back up, and improve the Platform.
4. Availability; “As-Is”
4.1 The Platform is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, whether express or implied, including fitness for a particular purpose, uninterrupted availability, or error-free operation, to the maximum extent permitted by Philippine law.
4.2 The Operator performs routine backups but does not guarantee that any particular data can be restored to any particular point in time. Offline entries stored on a User’s device before synchronization are the User’s responsibility until successfully synchronized.
5. Third-Party Services; Force Majeure
5.1 The Platform relies on third-party services (including hosting, map and satellite imagery, and weather data providers). Such data and services are provided without guarantee of accuracy or availability, and the Operator is not responsible for their content, interruption, or discontinuation. Weather information in particular is indicative and is not a substitute for official PAGASA advisories or on-site judgment.
5.2 The Operator is not liable for any failure or delay caused by events beyond its reasonable control, including natural calamities, typhoons, earthquakes, power or telecommunications failures, acts of government, or acts of third parties.
6. Acceptable Use
Users shall not: (a) access or attempt to access projects or data they are not assigned to; (b) circumvent security or access controls; (c) use the Platform for unlawful purposes; (d) upload malicious code; (e) resell or sublicense access without the Operator’s written agreement. The Operator may suspend or terminate access for violation of these Terms.
7. Privacy
Personal information processed by the Platform (names, contact details, account activity, and geotagged records) is handled in accordance with the Data Privacy Act of 2012 (RA 10173) and its IRR. Data is collected for legitimate project-management purposes, kept only as long as needed for those purposes and legal requirements, and is not sold. Concerns may be raised with the Operator at [contact •].
8. Records and Audit Trail
The Platform maintains an append-only record of entries, including author, date and time, and, where available, device location. Users consent to this recording as an inherent function of the Platform. Acceptance of these Terms is likewise recorded (user, date, time, Terms version).
9. Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of the Operator arising out of or in connection with the Platform shall not exceed (a) the fees actually paid by the Licensee Organization for the Platform in the twelve (12) months preceding the claim, or (b) if no fees were paid, Ten Thousand Philippine Pesos (₱10,000.00). In no event shall the Operator be liable for indirect, incidental, consequential, or exemplary damages, loss of profit, loss of contract, or loss of data, even if advised of the possibility.
10. Indemnity
The User and its Licensee Organization shall hold the Operator free and harmless from claims by third parties arising from (a) User Content, (b) breach of these Terms, or (c) decisions made in reliance on Platform outputs contrary to Section 2.
11. Changes; Termination
The Operator may amend these Terms; material changes will be presented for renewed acceptance at next login. The Operator may suspend or terminate access at any time for cause; a Licensee Organization may request export of its User Content within thirty (30) days of termination.
12. Governing Law and Venue
These Terms are governed by the laws of the Republic of the Philippines. Any dispute shall be brought exclusively before the competent courts of Sorsogon City, to the exclusion of all other venues.