Surco Terms and Conditions

1. Introductory clauses

1.1. Any natural or legal person wishing to access, register for, purchase or use the Application must do so subject to these Terms and Conditions, to the Privacy Policy, to the Personal Data Protection Policy and to any other policies or documents incorporated by reference.

1.2. The User must read, understand and accept these Terms and Conditions before completing registration, purchasing the service or using the Application. Acceptance is given by electronic means, through acceptance checkboxes, online purchase or use of the Application.

1.3. Anyone who does not accept these Terms and Conditions must refrain from accessing, registering for, purchasing or using the Application.

1.4. The User agrees to receive by electronic means the contractual, operational, technical, legal, security and billing communications relating to the Application.

1.5. The purchase and provision of the service by electronic means is governed by the laws in force in the Republic of Paraguay, including, where applicable, Law No. 4868/2013 on Electronic Commerce and its implementing decree.

2. Capacity and eligibility to contract

2.1. The services of the Application are available only to natural persons of legal age with capacity to contract, and to legal entities duly incorporated and represented.

2.2. Minors, persons under legal interdiction, disqualified persons, suspended users and persons who lack sufficient legal capacity may not register for or use the Application.

2.3. Where registration or purchase is made on behalf of a legal entity, the person registering represents that they hold sufficient authority to bind that entity. The Company may request corporate documents, powers of attorney, authorizations, appointments, tax registration certificates or other documents reasonably necessary to verify that authority.

2.4. The User represents, as a sworn statement, that all information supplied during registration, purchase and use of the Application is true, complete, accurate, current, and corresponds to a natural or legal person with capacity to contract.

3. Definitions

4. Purpose and scope of the Application

4.1. The purpose of the Application is to facilitate the management of construction projects and works, with emphasis on schedule planning and administration, activity coordination, constraint tracking, management of weekly commitments, organization by phases, levels, zones or folios, and centralization of project documents.

4.2. Depending on the purchased plan and the available features, the Application allows Users to create and administer projects, divide them into phases, levels, zones or folios, incorporate drawings and documentation, generate or update schedules, record weekly commitments, measure compliance, associate constraints, record reasons for non-completion, manage RFIs, submittals, change orders, minutes, budgets and reports, and link those flows to the overall project plan.

4.3. The Company provides a software tool that supports management. The Company does not assume technical direction, inspection, professional supervision, site administration, construction liability, site-safety liability, nor any obligation to verify the technical, legal, budgetary or constructive accuracy of the information uploaded by Users.

4.4. The User acknowledges that the planning, execution, control, inspection, safety, regulatory compliance, permits, licences, authorizations, and the labour, environmental, technical, contractual and budgetary conditions of each work or project are the exclusive responsibility of the User or of the professionals involved in the project.

4.5. The Application may incorporate updates, improvements, new features, integrations or technical modifications, provided that this does not materially affect the essential conditions of the purchased service, except where prior notice is given as appropriate.

5. Account registration and authorized use

5.1. To use the Application, the User must complete the registration form and supply the information required by the Company. The Company may approve, reject, suspend or cancel registrations where there are inconsistencies, breaches, misuse, missing documentation, indications of fraud, or any other reasonable cause related to security or the proper provision of the service.

5.2. The User is responsible for keeping their Account information up to date, including identification, authority, contact and other data necessary for the provision of the service.

5.3. The User accesses the Application using their credentials. Credentials are personal, confidential and non-transferable. All activity carried out from the Account is presumed to have been performed by the User or by persons authorized by the User, unless proven otherwise.

5.4. The User must take reasonable measures to protect their credentials and must notify the Company immediately of any unauthorized use, improper access, loss of credentials or security incident relating to their Account.

5.5. The Company may enable different profiles, roles or access permissions within a Project. The administrator User is responsible for assigning, controlling and revoking those accesses, and for verifying that invited persons hold sufficient authorization to access the Project information.

6. Electronic purchase of the service

6.1. The Service may be purchased through the Application, the Company's website or any other electronic purchasing mechanism enabled by the Company.

6.2. Before confirming the purchase, the Company will make available to the User information about the main characteristics of the purchased plan, its price and the method of payment.

6.3. Electronic acceptance of the selected plan and of these Terms and Conditions is fully valid between the parties, in accordance with the Paraguayan law applicable to electronic contracting.

6.4. The Company may send confirmations, receipts, invoices, renewal notices, expiry notices, payment notifications and other communications by electronic means to the email address or channel reported by the User.

6.5. In the event of a conflict between these Terms and Conditions and a commercial proposal, service order or specific agreement accepted by the User, the specific instrument prevails as to the particular conditions of the Service, and these Terms remain in force in everything not expressly modified.

7. Plans, fees, billing and payments

7.1. Prices, currency, taxes, frequency, billing conditions and method of payment are those stated at the time the corresponding plan is selected.

7.2. Failure to pay within the established terms may result in suspension of the service, restriction of access, non-renewal of the plan, application of interest, administrative charges or termination of the service, without prejudice to the Company's right to claim the amounts owed.

7.3. Unless expressly agreed otherwise, amounts paid by the User are not refundable for periods already started or for services actually rendered.

7.4. Where payments are processed by third parties, payment gateways, financial institutions, processors or technology providers, the User acknowledges that those third parties may apply their own terms, fees, security policies, validations or conditions. The Company is not liable for failures, rejections, chargebacks, delays or errors attributable to such third parties, without prejudice to reasonable cooperation in handling claims.

8. User obligations

The User undertakes to:

• Use the Application only for lawful purposes and in accordance with these Terms and Conditions.
• Provide information that is true, current, and which the User is sufficiently authorized to incorporate into the Application.
• Not use the Application for fraudulent, unlawful, abusive, misleading, discriminatory, offensive purposes or purposes contrary to applicable law.
• Not upload, transmit or store information that infringes third-party rights, including intellectual property rights, trade secrets, confidentiality, privacy or personal data protection.
• Not attempt to access accounts, projects, modules, servers, systems, databases or information for which the User has no authorization.
• Not reverse engineer, decompile, copy, reproduce, modify, sell, sublicense, rent, exploit or make available to third parties the Application or its components, except with the Company's express authorization.
• Not interfere with, damage, overload, breach or compromise the security, continuity or operation of the Application.
• Comply with the laws, regulations, technical standards, permits, licences, authorizations and contractual obligations applicable to its projects and works.
• Hold the Company harmless against claims arising from misuse of the Application, from the information uploaded by the User, or from breach of these Terms.
• Comply with the other obligations set out in these Terms and Conditions and their Annexes.

9. User Content and responsibility for information

9.1. The User retains ownership of the rights it holds over User Content. The Company acquires no ownership over drawings, schedules, documents, budgets, minutes, reports, models, data or information uploaded by the User, other than the technical use rights necessary to provide the service.

9.2. The User grants the Company a non-exclusive, limited, royalty-free licence, revocable to the extent compatible with provision of the service, to host, process, technically reproduce, transmit and use User Content solely to the extent necessary to operate the Application, provide support, ensure continuity of the service, comply with legal obligations or carry out the User's instructions.

9.3. The User represents that it holds the rights, licences, authorizations and permissions necessary to upload and use User Content within the Application.

9.4. The Company does not review or validate in advance the technical, legal, constructive, budgetary, contractual or commercial accuracy of User Content. Decisions taken by the User on the basis of information uploaded to or generated in the Application are the exclusive responsibility of the User.

9.5. The Company may remove, block, restrict or suspend access to content when it becomes aware that the content may be unlawful, may infringe third-party rights, may compromise system security, may contain personal data processed without a legal basis, or may contravene these Terms.

10. Personal data protection and privacy

10.1. The Company processes personal data in accordance with Law No. 7593/2025 on the Protection of Personal Data in the Republic of Paraguay, Law No. 6534/2020 to the extent applicable, their amendments, implementing regulations and other applicable law.

10.2. The Privacy and Personal Data Protection Policy forms an integral part of these Terms and Conditions.

10.3. The Company processes the personal data necessary to manage registration, authentication, purchase, billing, support, security, communications, legal compliance and provision of the Application's services. Where applicable, processing may be based on the performance of a contractual or pre-contractual relationship, compliance with legal obligations, the data subject's consent, legitimate interest or any other legal basis permitted by applicable law.

10.4. The User is responsible for holding valid authorization or legitimacy to upload third-party personal data into the Application, including data of workers, contractors, suppliers, professionals, representatives, clients, visitors, invited users or any other natural person connected with its projects.

10.5. Where the Company processes personal data on the User's behalf and following the User's instructions, the parties may hold the capacity of controller and processor, as appropriate to the nature of the processing. In that case, the conditions of processing on behalf of the User may be documented in the agreement, annex, data processing agreement or equivalent instrument.

10.6. The Company implements reasonable technical and organizational measures to protect personal data and the information hosted in the Application, in line with the nature of the service, the risks of the processing and applicable law.

10.7. The User must not upload sensitive data, data of minors or specially protected information, unless it is strictly necessary for the purpose of the project, the User holds sufficient legitimacy, and the User adopts the additional measures required by applicable law.

11. Confidentiality

11.1. The Company will keep confidential the non-public information of the User and of its projects to which it has access in connection with the provision of the service, except with the User's authorization, on legal requirement, by order of a competent authority, where necessary to defend its rights, where the service is provided through authorized processors or suppliers, or where the information is public for reasons not attributable to the Company.

11.2. The User must keep confidential the credentials, technical information, non-public documentation, commercial conditions, undisclosed features, internal documentation or any other information of the Company to which it gains access through use of the Application.

11.3. The confidentiality obligation survives termination of the relationship between the parties.

12. Availability, support and technical changes

12.1. The Company will endeavour to keep the Application available and operational, without guaranteeing uninterrupted, permanent or error-free availability. Interruptions may occur due to maintenance, updates, internet or infrastructure failures, third-party services, force majeure, fortuitous events, security incidents or causes outside the Company's reasonable control.

12.2. The Company may carry out scheduled or corrective maintenance, updates, improvements, security patches, infrastructure changes, integrations or functional modifications. Where reasonable, the Company will notify the User of maintenance that may materially affect the service.

12.3. Support is provided in accordance with the purchased plan, the enabled channels and the hours reported by the Company. Unless expressly agreed, support does not include construction consultancy, or legal, tax, labour, environmental or budgetary advice, or site management.

12.4. The Company is not liable for unavailability, losses or damages arising from the User's configuration errors, misuse, the User's equipment or networks, unauthorized integrations, compromised credentials, third-party services or information uploaded incorrectly.

13. Intellectual property

13.1. The Application and its software, interfaces, design, architecture, source code, object code, databases, trademarks, trade names, documentation, manuals, processes, technological methodologies, features and proprietary content are owned by the Company or its licensors and are protected by applicable intellectual and industrial property law.

13.2. Access to or use of the Application does not imply any assignment, transfer or licence of intellectual property rights, other than a limited, revocable, non-exclusive, non-sublicensable and non-transferable licence to use the Application in accordance with the purchased plan and these Terms.

13.3. The User may not copy, modify, distribute, sell, sublicense, rent, decompile, reverse engineer, extract code from, replicate features of, commercially exploit or create derivative works of the Application without the Company's prior written authorization.

13.4. Opinions, suggestions, comments or improvement proposals that the User sends to the Company may be used by the Company to improve the Application, without creating any right to compensation, provided this does not involve appropriation of confidential information or User Content.

14. Third-party services, integrations and links

14.1. The Application may interoperate with third-party services, APIs, hosting, cloud services, payment processors, analytics tools, email, maps, storage, authentication, messaging or other third-party providers.

14.2. The Company is not liable for the availability, continuity, security, accuracy, changes, conditions, policies or failures of third-party services, except where liability is legally attributable to it.

14.3. Use of third-party services may be subject to those providers' own terms and policies. The User must review and accept those conditions where applicable.

15. Limitation of liability

15.1. The Application is a tool that supports project management and does not replace the professional, technical, legal, accounting, tax, labour, environmental, safety, budgetary or constructive judgement that must be applied to each work or project.

15.2. The Company does not warrant that use of the Application will ensure compliance with deadlines, costs, budgets, productivity, project outcomes, fulfilment of commitments, absence of constraints, approval of documents, absence of disputes, or elimination of the risks inherent to the execution of construction projects.

15.3. The Company is not liable for indirect damages, loss of profit, loss of opportunity, loss of production, contractual penalties owed to third parties, contractor claims, project delays, cost overruns, the User's technical errors, management decisions or consequences arising from the information uploaded by the User.

15.4. The Company's total liability, where legally applicable, is limited to the amount actually paid by the User.

16. Indemnity

16.1. The User will hold harmless the Company, its shareholders, directors, representatives, employees, suppliers and affiliates against claims, actions, sanctions, fines, costs, damages, expenses or fees arising from: (i) misuse of the Application; (ii) breach of these Terms; (iii) User Content; (iv) infringement of third-party rights; (v) unlawful uploading or processing of personal data; (vi) the User's technical, constructive, labour, tax, environmental or contractual breaches; or (vii) the actions of persons authorized by the User within the Account.

16.2. The Company will reasonably inform the User of claims that may trigger this indemnity, without limiting the Company's right to take urgent measures to protect its rights, systems, users or information.

17. Suspension and termination

17.1. These Terms are in force from the moment of the User's acceptance and for as long as there is an active Account, a purchased plan (which may be annual or monthly as selected by the User) or any use of the Application.

17.2. Either party may terminate the relationship in accordance with the conditions of the plan. Absent a specific provision, either party may give notice of termination thirty (30) days in advance by electronic means. Amounts paid by the User before termination are not refundable.

17.3. The Company may suspend or cancel the User's access, in whole or in part, without prior notice, in the event of serious breaches such as: non-payment, security risks, unlawful use, infringement of third-party rights, uploading of prohibited content, unlawful processing of personal data, requirement of a competent authority, or any conduct that affects the security, continuity or reputation of the Application.

17.4. Once the relationship ends, the User may request the export or delivery of its information within the period and in the format reasonably available, in accordance with the purchased plan and the Company's retention policies. Once the applicable retention periods have elapsed, the Company may delete, anonymize or retain the information only where there is a legal, contractual, security, audit or rights-defence obligation.

17.5. Clauses that by their nature must survive termination remain in force, including intellectual property, confidentiality, data protection, limitation of liability, indemnity, governing law and jurisdiction.

18. Changes to the Terms

18.1. The Company may amend these Terms and Conditions for legal, regulatory, technical, operational, commercial or security reasons.

18.2. Amendments will be published in the Application or communicated by electronic means. Where changes are material and affect relevant rights or obligations of active Users, the Company will endeavour to give reasonable advance notice.

18.3. Continued use of the Application after the amendments take effect constitutes acceptance of the new terms. If the User does not accept the amendments, the User may request cancellation of its Account, without prejudice to outstanding payment or performance obligations.

19. Communications and notices

19.1. Communications relating to these Terms, the purchase, billing, support, security, privacy, service changes and other matters relating to the Application may be made by email, in-Application notification, messages to the registered number, publication in the Application, or any other electronic means reported by the User.

19.2. The User represents that the contact details provided are valid and undertakes to keep them up to date. Communications sent to the registered details are deemed validly made, unless a change has been duly notified.

19.3. The Company's official contact channels are: email hello@surco.dev, telephone +595 985 909066, address Avenida Mariscal López N.º 4877, Oficina, barrio San Cristóbal, Asunción, Paraguay and website surco.dev.

20. Incorporated documents

The following form an integral part of these Terms, to the extent applicable:

• Privacy and Personal Data Protection Policy.
• The purchased plan.
• Refund Policy and Annex I to these Terms.

21. Governing law and jurisdiction

21.1. These Terms are governed by the laws in force in the Republic of Paraguay.

21.2. For any dispute arising from the interpretation, validity, execution, performance or termination of these Terms, the parties submit to the jurisdiction of the competent courts of the city of Asunción, Republic of Paraguay, expressly waiving any other venue or jurisdiction that might apply, save where mandatory law provides otherwise.

22. Annex I: Reselling, payments and refunds (Paddle)

A.1. Our order process and payment processing are conducted by our online reseller Paddle.com. Paddle acts as the Merchant of Record and seller of record for all orders: it handles billing, payment processing, calculation and remittance of taxes (including VAT and sales tax), invoicing, chargebacks and refunds. Your purchase of a subscription is a transaction with Paddle, and the Service is then made available to you by the Company under these Terms. Paddle's buyer terms are available at paddle.com/legal/checkout-buyer-terms.

A.2. Business use. The Service is offered exclusively to businesses, professionals and persons acting in the course of their trade, business, craft or profession, and not to consumers. By purchasing, the User represents that it is acting in the course of that activity. Accordingly, rights that the law grants only to consumers, including any right of withdrawal or cooling-off period provided to consumers under distance-selling rules, do not apply to the purchase. Nothing in these Terms removes a protection that cannot be removed under the law that applies to the User.

A.3. Automatic renewal. Unless cancelled before the end of the then-current term, the subscription renews automatically for a further term of the same length, at the price published at the time of renewal, and the User authorizes Paddle to charge the applicable amount. Cancellation stops the next renewal and access continues until the end of the term already paid for.

A.4. Free trial and refunds. The free trial is provided for evaluation purposes and requires no payment. Refunds are governed by the Refund Policy, which forms an integral part of these Terms. Refunds are issued by Paddle at the Company's instruction; the Company cannot charge or refund the User's payment method directly.

A.5. Backups. The User is responsible for maintaining its own backup copies of User Content. The Application should not be relied on as the sole record or backup of critical project information.