Studio Store Service: Fair Usage Agreement

This Fair Usage Agreement (the "Agreement") outlines the terms and conditions governing your use of the Studio Store Service (the "Service"). By accessing and using the Service, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, please refrain from use.

1. Fair Usage and Data Privacy

1.1 Fair Usage: The Service is intended for website design purposes. As a user, you agree to utilize the Service responsibly and in compliance with all applicable laws and regulations. Your feedback on the Service's functionality, features, and user experience is highly valued and essential for further development and improvement.

1.2 Data Privacy: During usage, you may provide data and information for the website design process. We take data privacy seriously and will use such data solely for the purpose of generating the design and website. We will not share, sell, or disclose your data to any third party without explicit consent. For more information on how we handle user data, please refer to our Privacy Policy, available at https://www.builder.ai/terms/privacy.

2. Use at Your Own Risk

The Service is provided "as-is." While we strive to deliver accurate and high-quality designs, we make no warranties or guarantees regarding the Service's completeness, accuracy, reliability, or suitability for any specific purpose. Your use of the Service is entirely at your own risk.

3. Proper Usage

3.1 Responsibility and Compliance: As a user, you are responsible for using the Service appropriately and lawfully. You must not engage in any unlawful, malicious, or harmful activities while using the Service, including but not limited to: a) Violating any applicable laws, regulations, or third-party rights. b) Attempting to access, interfere with, or disrupt the Service's functionality or security. c) Uploading, sharing, or transmitting any harmful, offensive, or inappropriate content.

3.2 Feedback and Reporting: You are encouraged to provide feedback, bug reports, and suggestions regarding the Service's performance, functionality, and any issues encountered.

4. Copyright and Ownership

4.1 The Service employs generative artificial intelligence (AI) algorithms to produce unique content for websites. The content generated by these AI algorithms is a result of complex computational processes and does not originate from human authorship. As such, the content produced by generative AI is not eligible for traditional copyright protection. Users are granted a limited, non-exclusive right to use the content generated by the AI algorithms for their websites, within the scope defined by this Agreement. This usage right is solely for the purpose of evaluating the Service and its features, and it does not confer ownership or copyright over the generative AI content to the users. Users may incorporate, modify, and display the generative AI content on their websites, subject to compliance with the terms and conditions outlined in this Agreement. However, the right to use the generative AI content may be terminated in accordance with the provisions of this Agreement. The absence of copyright protection for generative AI content does not alleviate the confidentiality and non-disclosure obligations established in this Agreement. Users are strictly prohibited from disclosing, sharing, or transferring any aspect of the generative AI algorithms, the generated content, or related proprietary information to any third party without our prior written consent.

5. Modification and Changes to the Service

5.1 Termination of Service: We reserve the right to suspend or terminate the Service at any time and without prior notice. We may do so for any reason, including but not limited to technical issues, legal compliance, or operational considerations.

5.2 Modifications to Terms and Conditions: We may update this Agreement and the terms and conditions from time to time to reflect changes in the Service or applicable laws. Users will be notified of any significant changes, and continued use of the Service after such changes will constitute acceptance of the modified terms.

6. Disclaimer of Liability

6.1 No Warranty: You expressly understand and agree that the use of the Service is at your sole risk. The Service is provided on an "as-is" and "as available" basis, without any warranties or representations of any kind, whether express or implied. We do not warrant that the Service will be error-free, uninterrupted, secure, or free from defects. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 No Liability: In no event shall we, including our officers, directors, employees, agents, affiliates, or licensors, be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

6.3 Limitation of Liability: To the maximum extent permitted by applicable law, our total liability to you for any claims, losses, or damages arising from or related to this Agreement or the Service shall not exceed the amount paid by you (if any) to access the Service.

6.4 Indemnification: You agree to indemnify and hold us harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with your use of the Service, your violation of any provision of this Agreement, or your violation of any rights of third parties.

7. Acceptable Use Policy

By participating, you also agree to abide by our Acceptable Use Policy, available at https://www.builder.ai/terms/acceptable-use-policy.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Delaware.

9. Entire Agreement

This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

By participating in the use of the Service, you acknowledge that you have read, understood, and agreed to these terms and conditions, including the disclaimer of liability, non-disclosure obligations, and the Acceptable Use Policy. If you do not agree with any part of this Agreement, please refrain from use.