Terms and Conditions of Use and End User License Agreement (EULA)

1. General Definitions

In order to establish a common understanding between the parties, the following key terms used in this document are defined:

WAYKI: refers to WAYKI INNOVACIÓN S.A.C., a Peruvian company dedicated to developing technological solutions for the construction sector, exclusive owner of all rights over the platform.

Platform or Software: refers to the system called "Wayki", designed for digital management of construction projects through interoperability with common data environments, process automation, data visualization, and AI-assisted tools.

User or Client: any natural or legal person who, on their own behalf or on behalf of third parties, accesses the platform through any of the available subscription plans.

CDE: Common Data Environment, defined as the digital storage and coordination space for BIM projects provided by Autodesk Construction Cloud (ACC) or BIM 360, with which Wayki can directly interoperate.

2. Nature of the Service

Wayki operates under the Software as a Service (SaaS) model, which means that its users access the system and its features via the internet, without the need to install any local component or acquire ownership rights over the software.

The service is focused on construction projects and aims to provide its users with a unified tool to improve comprehensive project management through digital coordination, clash detection visualization, technical information traceability, and multidisciplinary collaboration.

The platform is modularly structured, allowing each client to access specific functionalities according to their license type, maintaining a scalable, secure, and collaboration-oriented architecture.

3. License Plans

Wayki offers three types of access plans, differentiated by their features, technical conditions, and integration requirements. Below is a comparative table for a better understanding of each plan's characteristics:

4. Commercial Conditions and Billing

The Wayki service is contracted on an annual basis, and the billing cycle begins from the activation of project access. All plans are prepaid and must be paid before effective use of the platform. In principle, no refunds are offered; however, if it is demonstrated that the platform was unusable during the contracted period due to technical failures attributable to Wayki, the client may request a case review to assess the possibility of a partial refund.

All prices are expressed in US dollars and do not include the General Sales Tax (IGV) in effect in the Republic of Peru, which will be included in the corresponding invoice. Failure to pay once the granted deadline has expired will result in the automatic suspension of access for the client and all associated users. Wayki reserves the right to update its prices with prior formal notice, with the new rate applicable from the next annual renewal.

5. Terms of Use and Restrictions

The use of the Wayki platform is subject to clear behavioral rules and technical restrictions aimed at protecting system integrity, information security, and the experience of all users. The Client and their authorized users commit to using the software solely for legitimate purposes related to construction project management, within the terms and limits set forth in this agreement. In this regard, the following is expressly prohibited:

• Sharing access credentials between different people or profiles.
• Using the platform for projects or activities not authorized by the Client or outside the scope of the contracted plan.
• Attempting to alter, modify, or intervene in the source code or internal architecture of the system.
• Conducting penetration tests, reverse engineering, or copying platform content without written authorization.
• Impersonating identities or creating accounts with false information.

Wayki may temporarily or permanently suspend the Client's access if it detects practices that violate these rules, including acts that may compromise system security or the ethical treatment of information.

6. Intellectual Property

The Wayki platform, including its design, structure, algorithms, artificial intelligence models, database logic, user interface, technical documentation, trade name, logo, and any content generated as part of the service, is the exclusive property of WAYKI INNOVACIÓN S.A.C. and is protected by national and international intellectual property laws.

The acquisition of a license does not grant the Client any rights over the software beyond limited and temporary use in accordance with the contracted plan. The data that the Client stores or manages on the platform is entirely their property; however, the Client grants Wayki a non-exclusive, royalty-free, and global right to use anonymized data generated on the platform to improve its features, perform statistical analysis, train artificial intelligence models, and develop new solutions, ensuring no exposure of sensitive or confidential information that could be linked to a specific person, entity, or project.

7. Service Suspension and Termination

Wayki reserves the right to suspend or terminate the Client's access in case of breach of contractual obligations, misuse of the platform, prolonged inactivity, false information provided, practices that violate professional ethics, or behavior that compromises the security of the software or other users.

In case of service termination, the Client's data will remain stored on secure servers for a maximum period of ninety (90) calendar days, during which the Client may request its export. After this period, Wayki may delete all information without further requirement. The Client will not be entitled to refunds for the unused period in case of early termination due to a cause attributable to them.

8. Limited Warranties and Liability

Wayki guarantees the Client access to a functional technology platform, accessible via the web, which will be continuously maintained and improved following best development and technical support practices. However, Wayki does not offer absolute guarantees regarding uninterrupted service nor ensures that the platform will be error-free at all times, as incidents may arise from external factors such as network failures, third-party servers, or user misuse.

Wayki's liability is limited exclusively to the technical availability of the software and does not extend to operational, technical, or strategic decisions that users make in their projects based on the information displayed on the platform.

In no event shall Wayki be liable for indirect or incidental damages, data loss, revenue loss, or other damages arising from the use or inability to use the platform. The maximum amount of liability assumed by Wayki shall not exceed the value of the annual license actually paid by the Client.

9. Confidentiality and Privacy

The information collected is limited to essential technical data for the platform's operation, such as user email addresses, data derived from feature usage (such as issues, tasks, federated models, 360 images, among others), activity logs, and files uploaded to active modules. Wayki does not require or store sensitive or personal data unrelated to the operational use of the platform.

The Client expressly authorizes the anonymized use of information and data generated within the platform for statistical purposes, continuous improvement, artificial intelligence training, and use case presentations, always under ethical standards and without exposing specific content or names linked to the project.

10. Educational Use

Wayki promotes the academic use of its technology through partnerships with universities and higher education institutions, through specific agreements. These educational versions are intended exclusively for training activities, simulations, or research, and their use for commercial purposes, bidding, or actual construction management is prohibited. Educational institutions must ensure that students and faculty comply with access and responsible use conditions, as well as safeguard credentials and data provided during the agreement's validity period.

11. Jurisdiction and Applicable Law

This agreement is governed by the laws of the Republic of Peru. Any dispute arising in relation to its interpretation, compliance, or execution shall be submitted to the jurisdiction of the competent courts of the judicial district of Lima, with the parties expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

12. Agreement Modifications

Wayki reserves the right to modify, update, or replace these Terms and Conditions, in whole or in part, at any time. Such modifications will be notified to the Client via email or direct publication on the platform. Continued use of the service after notification will be considered tacit acceptance of the new terms. If the Client does not agree, they may choose not to renew their subscription at the end of their current contractual period.

13. Assignment of Rights

The Client may not assign, transfer, or sublicense, in whole or in part, the rights and obligations arising from this agreement without prior written authorization from Wayki. Any attempt to assign without such authorization shall be considered null and void.

Contact

• Email: aalvarado@wayki.app
• Phone: (+51) 957 446 548
• Website: wayki.app