CBOSS TERMS and CONDITIONS of USE
CBOSS TERMS and CONDITIONS of USE
The following forms additional Terms and Conditions for using and accessing CBOSS software-as-a-service ("SaaS").
By using and accessing the application, you are deemed to accept the following as well as the CAPPS SOLUTIONS PTE. LTD.'s Terms and Conditions of Use.
1. Definitions
In these Terms and Conditions of Use, the following bold terms shall have the following meanings, except where the context otherwise requires:
"Account" means a contractually-binding subscription instance of CBOSS.
"CBOSS" means the CBOSS digital delivery software provided by CAPPS SOLUTIONS PTE. LTD. for the digitalisation, planning, coordination, monitoring and tracking of Prefabricated Prefinished Volumetric Construction ("PPVC") operations and related activities.
"Content" means all types of data, information, records, documents, photographs, drawings, schedules and other materials input or uploaded by the User in CBOSS.
"Customer" means any organisation or authorised organisational representative who applies and subscribes to CBOSS through CAPPS SOLUTIONS PTE. LTD. for usage by the employees, contractors or subcontractors of the organisation.
"Privacy Policy" means the privacy policy set out in Clause 16 of these Terms and Conditions of Use.
"SaaS" means Software as a Service, a software application delivery model where a software vendor develops a web-native software application and hosts and operates, either independently or through a third party, the application for use by end Customers over the Internet.
"Service Provider" refers to CAPPS SOLUTIONS PTE. LTD., who is the owner and provider of CBOSS SaaS.
"Usage License Period" means the contractually agreed period of subscription usage of CBOSS by the Customer.
"Users" means users of CBOSS, including you, your currently engaged employees, contractors or subcontractors of your organisation, and "User" means any one of them who has a login account to CBOSS.
"User Account" means an authorised CBOSS login account with the corresponding assigned role and access permissions given by the Customer to any currently engaged employee, contractor or subcontractor of the Customer's organisation.
2. GENERAL TERMS OF USE OF CBOSS
2.1
Applicability of terms and conditions: The use of CBOSS is subject to these Terms and Conditions of Use.
2.2
Location: CBOSS is designed for use by Users who access CBOSS in Singapore or any other countries agreed contractually with the Service Provider.
Notwithstanding the above, if you access CBOSS from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. The Service Provider highly recommends that you engage with us if there are any requirements for usage outside Singapore.
2.3
Scope: CBOSS is for the licensed entity business purpose use only and must not be commercially traded to another third party nor for personal use of the Users.
2.4
Prevention on Use: The Service Provider reserves the right to prevent you from using CBOSS.
2.5
Equipment and Networks: The provision of CBOSS does not include the provision of mobile smartphones, handheld devices, computers or other necessary equipment to access CBOSS. To use CBOSS, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective Internet or mobile network provider ("Mobile Provider") will continue to apply when using CBOSS. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing CBOSS or for any such third-party charges as may arise. You accept responsibility for any such charges that arise.
2.6
Permission to Use CBOSS: If you are not the bill payer for the computer, mobile smartphone, handheld device or network service being used to access CBOSS, you will be assumed to have received permission from the bill payer for using CBOSS.
2.7
License to Use Material: By submitting any text or images (including photographs) ("Material") via CBOSS, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
3. Subscription Period
The Usage License Period of CBOSS will be indicated in the quotation and any other contractual documents that are mutually agreed and signed off as binding agreements between your organisation and CAPPS SOLUTIONS PTE. LTD.
4. Alerts and Notifications
You agree to receive pre-programmed notifications ("Alerts") from CBOSS if you have turned on location and notification services on your mobile smartphone or other handheld devices (as the case may be).
5. Fees and Charges
Fees and Charges shall be applicable should the Customer subscribe to CBOSS for the Usage License Period. This shall equally apply to any person(s), namely administrators, who are granted rights to purchase CBOSS on behalf of the Customer.
Subscription of CBOSS is only available to Customers who have a CAPPS SOLUTIONS PTE. LTD. billing account and are Singapore-registered business entities, unless otherwise agreed with CAPPS SOLUTIONS PTE. LTD.
For avoidance of doubt, Users are not automatically allocated rights to purchase any additional licenses for CBOSS on behalf of the Customer.
6. Support
CBOSS Support Team operating hours: Monday to Friday, 9am to 6pm, excluding Singapore government gazetted public holidays and any exceptional out-of-office hours announced in advance by CAPPS SOLUTIONS PTE. LTD.
The Service Provider endeavours to provide CBOSS to the Customer with minimal to no disruption of service. However, in the event of unforeseen issues within or outside the control of the Service Provider that causes usage and access to CBOSS to be limited or unavailable, the Service Provider will make the necessary communications with the affected Customer(s) to understand and, if necessary, resolve the issue(s) that cause CBOSS to be limitedly available or unavailable. CBOSS Support Team will be on hand to support the Customer during the support hours indicated above. It is worth to note that the Service Provider provides a Recovery Point Objective ("RPO") of 1 business day in the event of complete data loss.
7. Rules about Use of CBOSS
7.1
The Service Provider will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, the Service Provider does not guarantee that CBOSS will be free of faults, and the Service Provider does not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting the Service Provider through the publicly available contact channels of the Service Provider.
7.2
The Service Provider does not warrant that your use of CBOSS will be uninterrupted and the Service Provider does not warrant that any information (or messages) transmitted via CBOSS will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that the Service Provider will try to allow uninterrupted access to CBOSS, access to CBOSS may be suspended, restricted or terminated at any time.
7.3
The Service Provider does not give any warranty that CBOSS is free from viruses or anything else which may have a harmful effect on any technology.
7.4
The Service Provider reserves the right to change, modify, substitute, suspend or remove without notice any information on CBOSS from time to time. Your access to CBOSS may also be occasionally restricted to allow for repairs, maintenance or the introduction of new products or services. The Service Provider will attempt to restore such access as soon as the Service Provider reasonably can. For the avoidance of doubt, the Service Provider reserves the right to withdraw any information from CBOSS at any time.
7.5
The Service Provider reserves the right to block access to and/or to edit or remove any material which in their reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
7.6
The Service Provider will perform a standard backup of the Customer data daily at a pre-determined schedule.
7.7
The Customer shall be solely responsible for the use and consequences of CBOSS and for any content, information, data or the like stored by the Customer, in or disseminated through any User account(s). For avoidance of doubt, User account(s) includes any and all accounts assigned by the Customer. In no event will the Service Provider be responsible to the Customer or any other parties for any loss, corruption, destruction or alteration of any content, data, information or the like stored by the Customer within CBOSS.
7.8
The Service Provider will provide Customer query support services during business operations hours (9am to 6pm) from Monday to Friday, excluding Singapore official public holidays.
7.9
The Service Provider may, at any time and with notice, temporarily suspend CBOSS for operational reasons such as repair, maintenance, upgrade or improvement of CBOSS or because of an emergency. The Service Provider will restore CBOSS as soon as reasonably practicable.
8. Customer Conduct
The Customer understands that all information, data, text or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that the Customer, and not the Service Provider, are entirely responsible for all Content that the Customer and their appointed Users to transmit or otherwise make available via CBOSS. The Service Provider does not control the Content posted via CBOSS and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CBOSS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via CBOSS.
The Customer acknowledges, consents and agrees that the Service Provider may access, preserve and disclose the Customer’s account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i)
comply with legal process;
(ii)
enforce the Terms of Use;
(iii)
respond to claims that any Content violates the rights of third parties;
(iv)
respond to the Customer’s requests for Customer service; or
(v)
protect the rights, property or personal safety of the Service Provider, its employees and the public.
The Customer understands that CBOSS and software embodied within CBOSS may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Service Provider and/or content providers who provide content to CBOSS. The Customer may not attempt to override or circumvent any of the usage rules embedded into CBOSS. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on CBOSS, in whole or in part, is strictly prohibited.
During and after the term of the Customer’s contractual service with the Service Provider for CBOSS, the Customer agrees to maintain communications and correspondences with CBOSS Support Team in a professional and respectful manner. The Customer shall avoid and refrain from any conduct which would tend to disparage the Service Provider, its affiliates, shareholders, directors, officers, or employees, which might jeopardize or be prejudicial to any business, professional, or personal relationship of the Service Provider, or any of the above-mentioned representatives, or which might damage the business, professional, or personal reputation of the Service Provider, or any of the above-mentioned representatives.
The Service Provider and CBOSS Support Team reserve the right not to serve any customers who correspond, communicate, interact or behave in unprofessional, unruly, unreasonable and abusive manner to any employees of the Service Provider or CBOSS Support Team members. In severe cases whereby, the Service Provider’s employees or CBOSS Support Team members are subjected to unwarranted verbal or written (electronically or printed) abuse by the Customer repeatedly, the Service Provider reserves the right to terminate CBOSS of the Customer with no refund of any balance Usage License Period of the Customer’s CBOSS Account.
9. Suspension and Termination
9.1
If you use (or anyone other than you, with your permission uses) CBOSS in contravention of these Terms and Conditions of Use, the Service Provider may suspend your use of CBOSS.
9.2
If the Service Provider suspends CBOSS, the Service Provider may refuse to restore CBOSS for your use until the Service Provider receives an assurance from you, in a form that the Service Provider deems acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
9.3
The Service Provider shall fully co-operate with any law enforcement authorities or court order requesting or directing the Service Provider to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
9.4
Without limitation to anything else in this Clause 8, the Service Provider shall be entitled immediately or at any time (in whole or in part) to:
(a)
suspend CBOSS;
(b)
suspend your use of CBOSS; and/or
(c)
suspend the use of CBOSS for persons the Service Provider believes to be connected (in whatever manner) to you, if:
9.4.1
you commit any breach of these Terms and Conditions of Use;
9.4.2
the Service Provider suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
9.4.3
the Service Provider suspects, on reasonable grounds, that you may have committed or be committing any fraud against the Service Provider or any person.
9.5
The Service Provider rights under this Clause 8 shall not prejudice any other right or remedy the Service Provider may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.6
The Customer may terminate their CBOSS account by submitting such termination request 30 days in advance to the Service Provider. Payment made for any on-going Usage License Period will not be refunded.
9.6.1
For the termination of an on-going contract/agreement, the Customer agrees to pay the Service Provider for all implementation services provided up to the date of termination and an additional early termination fee amounting to 10% (ten percent) of the total contract/agreement fee, unless otherwise specified in the contract/agreement.
9.6.2
In the event that the termination notice is given prior to the start of any work post contract agreement, the Customer shall be liable to pay the Service Provider a cancellation fee amounting to 10% (ten percent) of the total contract/agreement fee, unless otherwise specified in the contract/agreement.
10. Disclaimer and Exclusion of Liability
10.1
CBOSS, the information on CBOSS and use of all related functions are provided on an "as is, as available" basis without any warranties whether express or implied.
10.2
To the fullest extent permitted by applicable law, the Service Provider disclaims all representations and warranties relating to CBOSS and its contents, including in relation to any inaccuracies or omissions in CBOSS, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
10.3
The Service Provider does not warrant that CBOSS will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that CBOSS will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
10.4
While the Service Provider may use reasonable efforts to include accurate and up-to-date information on CBOSS, the Service Provider makes no warranties or representations as to its accuracy, timeliness or completeness.
10.5
The Service Provider shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with CBOSS and the services offered in CBOSS, your access to, use of or inability to use CBOSS or the services offered in CBOSS, reliance on or downloading from CBOSS and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if the Service Provider have been advised of the possibility of such damages.
10.6
The Service Provider shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with CBOSS and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
10.7
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
10.8
Notwithstanding the Service Provider’s efforts to ensure that the CBOSS system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. The Service Provider cannot, and does not, warrant that data transfers pursuant to CBOSS, or electronic mail transmitted to and from the Service Provider, will not be monitored or read by others.
11. Indemnity
You agree to indemnify and keep the Service Provider indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of
(a)
your use of CBOSS,
(b)
any other party’s use of CBOSS using your user ID, verification PIN and/or any identifier number allocated by the Service Provider, and/or
(c)
your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
12. Intellectual Property Rights
12.1
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on CBOSS are protected by copyright laws and/or other laws and/or international treaties, and belong to the Service Provider and/or the Service Provider’s suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by the Service Provider and/or the Service Provider’s suppliers, as the case may be.
12.2
Nothing contained on CBOSS should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on CBOSS without the Service Provider’s written permission. Misuse of any trademarks or any other content displayed on CBOSS is prohibited.
12.3
The Service Provider will not hesitate to take legal action against any unauthorised usage of the Service Provider’s trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
13. Data Ownership
All Customer-loaded data into CBOSS for the purpose of using the software, belongs to the Customer.
14. Amendments
14.1
The Service Provider may periodically make changes to the contents of CBOSS, at any time and without notice. The Service Provider assumes no liability or responsibility for any errors or omissions in the content of CBOSS.
14.2
The Service Provider reserves the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on CBOSS website and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
15. Applicable Law and Jurisdiction
15.1
CBOSS may be accessed from Singapore and any other countries around the world that have been approved by the Service Provider and where the local technology and laws permit its usage. As each of these places have differing laws, by accessing CBOSS both you and the Service Provider agree that the laws of Singapore and any other applicable countr(ies), without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of CBOSS.
15.2
You accept and agree that both you and the Service Provider shall submit to the exclusive jurisdiction of the courts of Singapore and any other applicable countr(ies) in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
16. Privacy Policy
16.1
The Service Provider respects the data privacy of the Customers. The Service Provider do not intentionally use Customer’s data for any purpose other than it being in CBOSS for the Customer’s usage. By accessing the CBOSS Website and/or Application, you are deemed to have accepted this Privacy Policy. Please refer to Privacy Policy.
Last Updated
:
1 October 2026
Version
:
2026.1