📜 ข้อกำหนดและเงื่อนไขการใช้บริการ

🇬🇧1. Definitions and Interpretation

“Platform” means the ConstructQ software system, a web-based and mobile application for construction Quality Control (QC) management, including all related components and integrations.

“Company” means the legal entity that owns and provides ConstructQ services, registered in Thailand.

“User” means any natural person or legal entity that registers and uses the Platform, including system administrators, project managers, quality managers, inspectors, contractors, and other authorized personnel.

“Account” means the user account registered on the Platform.

“User Data” means data uploaded, entered, or generated by the User on the Platform, including photos, documents, WBS structures, checklists, NCRs, and reports.

“Services” means all services provided by the Company through the ConstructQ Platform.

“Package” means a service tier (Trial · Starter · Professional · Enterprise) as defined on the subscription page.

“PDPA” means the Personal Data Protection Act B.E. 2562 (2019) of Thailand.

🇬🇧2. Acceptance of Terms

By registering to use the Services, checking the acceptance checkbox of these terms, or accessing the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions, including the Privacy Policy announced by the Company.

If you do not accept these Terms, in whole or in part, you must not use the Services.

The Company reserves the right to amend, modify, or update these Terms as it deems appropriate, with prior notification via email or in-system notification at least 30 days before such changes take effect.

🇬🇧3. Registration and User Accounts

Users must register with accurate, complete, and current information, including company details, taxpayer identification number (13 digits), address, contact person, and email address.

Users must keep their passwords and login credentials confidential and are responsible for all activities under their account.

Users must notify the Company immediately upon discovery of any unauthorized use of their account or any security breach.

The Company strongly recommends enabling Two-Factor Authentication (2FA / TOTP) to enhance security.

Users must be at least 20 years of age or be the authorized representative of a legal entity.

Each account is for use by a single organization only. Sharing accounts with parties outside the organization is prohibited.

🇬🇧4. Scope of Services

ConstructQ provides services for:
(a) Construction project management and Work Breakdown Structure (WBS) administration
(b) Creation and management of Quality Checklists
(c) Non-Conformance Report (NCR) management
(d) Workflow management and inspection task assignment
(e) Storage of photographs and inspection-supporting documents
(f) Report generation and document export

The Platform serves as a tool to assist in management and data recording, and is not a substitute for engineering consulting services. Decisions regarding construction quality remain the sole responsibility of the User and licensed professional personnel as required by law.

The Company reserves the right to add, modify, or discontinue any features at its discretion, with reasonable prior notice.

🇬🇧5. User Rights and Obligations

Users have the right to access and use the Platform in accordance with their subscribed Package and within defined limits, such as the number of users, projects, and storage space.

Users agree to:
(a) Use the Services solely for lawful purposes
(b) Not upload content that is illegal, obscene, threatening, harmful, or that infringes upon the rights of others
(c) Not attempt to hack, security-test, or use bots, scripts, or automated tools without authorization
(d) Not reverse engineer, decompile, copy, or distribute the software
(e) Not use the Services to directly compete with the Company

Users are responsible for the accuracy of data entered into the system. The Company shall not be liable for errors in user-entered data.

Users must comply with applicable laws and regulations relating to construction, quality inspection, safety, and environment.

🇬🇧6. Fees, Payment, and Refund

Service fees are based on the Package selected by the User. Pricing, features, and limits of each Package are displayed on the subscription page. All prices exclude Value Added Tax (VAT) unless otherwise stated.

Users may pay via: Credit Card (through Omise), PromptPay QR (slip verified through SlipOK), or bank transfer.

Services commence immediately upon successful payment and renew automatically every billing cycle (monthly or yearly) until cancellation.

Upgrades take effect immediately and are charged on a prorated basis.

Downgrades take effect at the next billing cycle. Users must ensure current usage does not exceed the new Package limits.

Cancellations take effect at the end of the current billing cycle. After cancellation, the Company retains User Data for a 30-day grace period to allow data export or service reactivation, after which data will be permanently deleted.

The Company does not refund fees for unused service periods, except in cases where the Platform is unavailable for more than 5 consecutive days due to fault of the Company, in which case a prorated refund will be issued.

The Company will issue a full tax invoice upon every payment in accordance with Section 86 of the Revenue Code.

🇬🇧7. Intellectual Property Rights

The ConstructQ Platform, including software, code, designs, logos, trademarks, graphics, text, databases, and Company-provided content, is the property of the Company and is protected by intellectual property laws.

The Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to use the software for the sole purpose of using the Services, for the duration of the subscribed Package.

The User retains ownership of User Data that they upload into the system. However, the User grants the Company the right to process, store, transmit, and back up User Data solely for the purpose of providing the Services.

The Company may use Anonymized and Aggregated Data to improve the Services, develop new features, and analyze industry trends, without disclosing personally identifiable information.

🇬🇧8. Personal Data and Privacy

The Company strictly complies with the Personal Data Protection Act B.E. 2562 (PDPA). Details of personal data collection, use, and disclosure are set out in the Privacy Policy announced by the Company.

Personal data collected by the Company includes: name, email address, phone number, address, taxpayer identification number, payment information, profile picture, and access logs.

The Company implements industry-standard security measures including data encryption (TLS 1.3), Role-Based Access Control, and immutable Audit Logs.

The Company does not sell or disclose personal data to third parties for marketing purposes without consent.

Users have rights under the PDPA, including the right of access, correction, deletion, objection, restriction, and data portability. Users may exercise these rights via system settings or by contacting the Company at privacy@constructq.co.th.

The Company retains accounting records (tax invoices) for 5 years as required by tax law, even after account cancellation.

🇬🇧9. Confidentiality

The Company agrees to maintain the confidentiality of User Data and shall not disclose it to any third party, except:
(a) With the User's consent
(b) When required by law, court order, or order of a competent authority
(c) When necessary to disclose to other service providers, such as cloud providers, under confidentiality agreements
(d) To protect the rights, property, or safety of the Company, the User, or the public

The User agrees not to disclose any technical information, commercial information, or pricing information of the Company that is not publicly available.

🇬🇧10. Service Availability and Service Level Agreement (SLA)

The Company strives to provide service availability (Uptime) of ≥ 99.5% for Starter and Professional Packages, and ≥ 99.9% for the Enterprise Package, calculated on a monthly basis.

Downtimes excluded from SLA calculation include: Scheduled Maintenance (with at least 48 hours' prior notice); force majeure events; outages due to third-party providers (such as cloud, Omise, SlipOK, Keycloak); and outages caused by the User.

If the Company fails to meet the SLA, a prorated refund will be issued for that month for Enterprise customers as specified. For other packages, the Company will consider remediation on a case-by-case basis.

The Company provides support through email at support@constructq.co.th and in-app systems. Professional users receive responses within 4 business hours; Enterprise users receive Dedicated 24/7 Support.

🇬🇧11. Limitation of Liability and Disclaimer

The Platform is provided "AS IS" and "AS AVAILABLE." The Company does not warrant that the Platform will be error-free, uninterrupted, or meet all specific needs of the User.

To the maximum extent permitted by law, the Company shall not be liable for indirect, consequential, punitive damages, loss of business opportunity, loss of profits, loss of data, or data recovery costs arising from the use or inability to use the Services.

The Company's maximum liability under these Terms is limited to the actual fees paid by the User during the 12-month period preceding the event, or THB 100,000, whichever is lower.

The Company shall not be liable for damages arising from:
(a) Errors in data entered by the User
(b) User decisions based on data in the system
(c) Acts of third parties, including hackers
(d) Force majeure events
(e) Outages of third-party service providers

The Company is not an “engineering inspector” or “approver” of construction work. Quality decisions and work approvals are the sole responsibility of the User's engineers and licensed professional personnel.

🇬🇧12. Indemnification

The User agrees to indemnify and hold harmless the Company, its employees, directors, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:
(a) The User's use of the Services in violation of these Terms
(b) Infringement of third-party rights, including intellectual property rights
(c) Content, data, or documents uploaded to the system by the User
(d) The User's violation of any law

🇬🇧13. Termination and Suspension

The User may cancel the Services at any time through system settings. Cancellation takes effect at the end of the current billing cycle.

The Company has the right to suspend or terminate the Services for any of the following reasons:
(a) Failure of the User to pay fees on time
(b) User's breach of these Terms
(c) User's use of the Services in a manner that causes damage to the system or other Users
(d) Reasonable belief that the User's account is being used without authorization
(e) Order from a competent authority

Upon termination, the User has 30 days (Grace Period) to export data. Thereafter, data will be permanently deleted, except where retention is required by law (e.g., accounting records for 5 years).

Cancellation or suspension does not affect rights and obligations accrued prior to such termination, including outstanding fees.

🇬🇧14. Force Majeure

The Company shall not be liable for failure to perform under these Terms due to force majeure events, including natural disasters, war, terrorism, riots, strikes, lockouts, government acts, epidemics, fire, flood, earthquake, network provider outages, and other events beyond the Company's reasonable control.

In the event of force majeure, the Company will notify the User as soon as possible and will endeavor to restore the Services promptly.

🇬🇧15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.

In the event of any dispute, the parties agree to negotiate in good faith and reasonably for a period of not less than 30 days before bringing legal action.

If negotiations fail, the parties agree that the Civil Court of Bangkok shall have exclusive jurisdiction over such matters.

If any provision of these Terms is in conflict with law and deemed void, such provision shall be construed to comply with the law to the fullest extent possible, and the remaining provisions shall continue in full force and effect.

🇬🇧16. Miscellaneous and Contact

Assignment: The User may not assign rights and obligations under these Terms to any third party without the Company's written consent. The Company may assign rights and obligations under these Terms in the case of merger, restructuring, or sale of business.

Waiver: The Company's failure to exercise any rights under these Terms in any instance shall not constitute a waiver of such rights in other instances.

Language: These Terms are prepared in both Thai and English. In the event of any discrepancy, the Thai version shall prevail.

Contact:
📧 General inquiries: info@constructq.co.th
🛠️ Support: support@constructq.co.th
🔒 Privacy: privacy@constructq.co.th
💼 Sales: sales@constructq.co.th
☎️ Phone: 02-XXX-XXXX (Monday-Friday, 9:00-18:00)

Address: [Company address to be specified upon company registration completion]