Special Terms and Conditions for the use of Cobuilder Collaborate

1. Purpose

These Special Terms and Conditions for Cobuilder Collaborate (“Collaborate T&C”) apply to customers who use Cobuilder Collaborate, a system for collecting as-built product information throughout the construction process. The solution enables effortless collaboration and exchange of product data and documentation between project participants.

Cobuilder App is integrated with Cobuilder Collaborate in the Cobuilder Platform. Therefore, by accepting the Collaborate T&C the Customer accepts the App Terms & Conditions – Appendix 1 to the Collaborate T&C.

Customers accept the Collaborate T&C in additional to accepting the General T&C. Should a discrepancy occur between the provisions of the General T&C and the Collaborate T&C, the provisions of the Collaborate T&C prevail.

For matters not explicitly covered in the Collaborate T&C, the General T&C apply.

Capitalized items as used in the Collaborate T&C, unless specifically defined otherwise, have the meaning attached to them in the General T&C.

2. About Cobuilder Collaborate

Cobuilder Collaborate assists industry professionals in accessing essential documentation, including Safety Data Sheets, Declarations of Performance, assembly instructions, Environmental Product Declarations (EPDs), and other critical information related to chemicals and solid products.

Cobuilder Collaborate ensures compliance with legal requirements by supporting users in adhering to key regulations, such as REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals), regulations concerning the performance of work, the Planning and Building Act, the Construction Products Regulation, the Corporate Sustainability Reporting Directive (CSRD). Additionally, it facilitates compliance with regulations addressing workplace safety, environmental protection, fire and explosion prevention, and the handling of hazardous materials.

Cobuilder Collaborate empowers industry stakeholders to meet market demands, including the adoption of sustainable practices, by providing tools to achieve certifications such as BREEAM and the Nordic Swan Ecolabel.

Cobuilder Collaborate streamlines regulatory compliance and promotes environmentally responsible practices in the construction industry.

3. Ownership Rights

3.1 Cobuilder shall not provide project specific Customer Data (excluding product information and documentation) uploaded in Cobuilder Collaborate by the Customer to other customers and Authorized End Users unless they are part of the supply chain on the project.

3.2 The Customer explicitly agrees that project specific Customer Data can be made available as aggregate data by Cobuilder to manufacturers in the form of Cobuilder generated summarized metrics or specific metrics including quantities with limited identification of the customers and/or its projects (e.g. names and locations).

4. Price

The prices for use of Cobuilder Collaborate are specified in the price list provided by Cobuilder – https://cobuilder.com/en/cobuilder-collaborate/prices/

5. Responsibility

5.1. Customer responsibility: The Customer itself or through its authorization to Cobuilder as in Section 6 below is responsible for:

• having lawful authorizations and/or valid agreements with third parties – Customer’s suppliers (manufacturers, importers and distributors), which enables it to adhere to the Collaborate T&C and provide the authorization and/or data as contemplated herein;
• procuring that its suppliers (manufacturers, importers and distributors) executed the Supply and Supply SDS Agreements with Cobuilder to deliver product documentation.
• Requiring from its suppliers that relevant product documentation and other information (Safety Data Sheets, Declarations of Performance, assembly instructions, Environmental Product Declarations (EPDs), etc.) be delivered through the Cobuilder Platform, and not directly to the Customer;
• Monitoring and taking action for the accuracy and completeness of the information delivered by its suppliers through Cobuilder Collaborate;
• Using and/or distributing and continuously updating documentation from the product owner (manufacturer) who has NOT signed Supply and Supply SDS agreement on the handover and updating of Safety Data Sheets, Declaration of Performance, Assembly instructions, Environmental Product Declarations, and other product documentation in products or services offered by Cobuilder.

The Customer is solely responsible for the usage of the information in Cobuilder Collaborate, ensuring its correctness and completeness irrespective of whether the Customer enters information in Cobuilder Collaborate itself or Cobuilder does it on the basis of Customer’s authorization as per Section 6 below.

5.2. Cobuilder responsibility: The responsibility of Cobuilder includes the provision of an electronic system with the following functionalities:

• a substance database and database for Safety Data Sheets
• a tool for risk assessment and substitution of chemicals
• a database of products information including documents (Declarations of Performance, assembly instructions, Environmental Product Declarations and other relevant information) and product data.

5.3. Personal information: If the Customer enters personal information in Cobuilder Collaborate, it is Customer’s sole responsibility to have complied with the legal requirements and to have a valid legal basis for its actions as it is Customer’s unambiguous understanding that such personal information can be processed and distributed as per the functionalities of the Cobuilder Platform. If sensitive personal information is entered, the Customer shall procure that the individual whom this information applies to, has authorized the Customer to enter such information into the Cobuilder Platform.

6. Authorisation and Confirmation of Obligation to Submit

By accepting the Collaborate T&C, the Customer gives Cobuilder the authorization on its behalf to obtain Safety Data Sheets, Declarations of Performance, assembly instructions, Environmental Product Declarations (EPDs), and other relevant information regarding products from manufacturers, importers and/or distributors, and to act on Customer’s behalf as the reception point for Safety Data Sheets, Declarations of Performance, assembly instructions, Environmental product declarations (EPDs) and other relevant product information from suppliers.

Тhe Customer gives Cobuilder authorisation on its behalf to categorize products from manufacturers, importers and/or distributors based on construction object.

Тhe Customer warrants and represents to Cobuilder that manufacturers, importers and/or distributors, which either directly or through a distribution chain supply chemicals or solid products to the Customer have complied with current regulatory requirements regarding the provision of Safety Data Sheets, Declarations of Performance, assembly instructions, EPDs, and other relevant product information when regulatory documentation has been provided or registered in Cobuilder Collaborate.

By accepting the Collaborate T&C the Customer gives Cobuilder authorisation on its behalf to categorize products from manufacturers, importers and/or distributors based on construction object, as well as assign where relevant generic life cycle assessment (“LCA”) data to those products, provided that the generic LCA data is clearly marked as such. The Customer agrees that Cobuilder may recalculate product LCA data including generic LCA data to match units and/or scale the values to the specific product.