Last Revised: January 21, 2024
- Acceptance of Terms
By accessing or using any portion of the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement.
- Eligibility; Authorization to Access and Use the Service
2.1 Subject to your compliance with this Agreement, Builder.ai authorizes you to access and use the Service solely for your personal, non-commercial use. You may not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) modify, copy, distribute, transmit, reproduce, or create derivative works of the Service or any content made available thereon; (c) reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service; (d) use the Service to engage in benchmarking or competitive analysis; (e) use the Service to create a competitive product; or (f) access or use the Service in any way not expressly permitted by this Agreement. You shall also comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service.
- User Conduct
3.1 You agree to use the Service in compliance with all applicable laws, regulations, and this Agreement. Furthermore, you shall adhere to the following guidelines and restrictions:
(a) You shall not engage in any activity that may interfere with or disrupt the functioning of Service, including but not limited to:
- Introducing viruses, malware, or any other harmful or disruptive code.
- Attempting to gain unauthorized access to any systems, networks, or accounts related to the Service .
- Engaging in any form of hacking, data mining, or unauthorized data collection.
- Interfering with or bypassing any security measures or access controls of the Service.
(b) You shall not infringe upon the rights of others, including but not limited to:
- Violating intellectual property rights, including copyright, trademarks, patents, or trade secrets.
- Engaging in any form of unauthorized copying, distribution, or reproduction of materials.
- Posting, transmitting, or sharing any content that is defamatory, obscene, offensive, or unlawful.
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
3.2 You acknowledge and agree that Builder.ai has the right to monitor and review your use of the Service to ensure compliance with this Agreement. If Builder.ai, in its sole discretion, determines that you have violated any provision of this Agreement or engaged in any prohibited conduct, Builder.ai may take appropriate actions, including but not limited to: (a) Issuing warnings or notices regarding your conduct; (b) temporarily or permanently suspending or terminating your access to the Service; (c) removing or modifying any of Your Content that violates this Agreement or (d) taking legal action, if necessary, to enforce this Agreement or protect the rights of Builder.ai and other users.
3.3 Builder.ai reserves the right to report any suspected illegal activities or violations of this Agreement to the appropriate authorities and cooperate with law enforcement agencies in investigating such matters.
- Your Content
4.1 You are solely responsible for all data, images, information, text, content and other materials that you upload, deliver, provide or otherwise transmit or store (hereafter “provide”) in connection with or relating to your use of the Service, including any app that you develop using the Service (“Your Content”). By providing Your Content on or through the Service, you hereby grant the Company (and our third party partners and service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with providing the Service to you. You agree that the foregoing includes a right for us to make Your Content available to, and pass the foregoing rights to, others with whom the Company has contractual relationships related to the provision of the Service (such as the licensors of Generative AI tools used in connection with the Service), solely for the purpose of providing the Service, and to otherwise permit access to or disclose Your Content to third parties if the Company determines such access is necessary to comply with our legal obligations. Additionally, the Company may generate and use technical logs, data and learnings about your use of the Service and Your Content in aggregate, anonymized form to operate, improve, analyze and support the Service and other products and services of the Company and for other lawful business purposes. By providing Your Content through the Service, you represent and warrant that you have all rights, licenses, consents, and/or permissions necessary to grant the rights granted herein to Your Content.
- Purchases; Confidentiality
5.1 Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Service, including contests, promotions, or other similar features. Such terms are made a part of this Agreement by reference. You agree to abide by such additional terms and conditions, including any age restrictions, that are applicable to the specific service or feature. In the event of a conflict between this Agreement and the terms posted for a specific portion of the Service or any feature offered on or through the Service, the latter terms shall control with respect to your use of that portion of the Service or the specific feature.
5.2 You acknowledge and agree that pricing, timeline and schedule estimates, feature listings, project specification details, hosting information, and any other information related to Builder.ai's products and services ("Confidential Information") are valuable and proprietary assets of Builder.ai. You shall treat all Confidential Information as strictly confidential and use it solely for the purpose of evaluating or engaging with Builder.ai's products and services. You shall not disclose, distribute, or use the Confidential Information for any other purpose without prior written consent from Builder.ai.
5.3 You understand and acknowledge that any unauthorized use or disclosure of Confidential Information may cause irreparable harm to Builder.ai, for which monetary damages may be inadequate. In the event of a breach or threatened breach of this confidentiality obligation, Builder.ai shall be entitled to seek injunctive relief and other equitable remedies, in addition to any other remedies available at law or in equity. Builder.ai reserves the right to monitor, investigate, and take legal action against any violation or suspected violation of this confidentiality provision.
- Generative AI
6.1 You acknowledge and agree that certain features and functionalities of the Service, such as the chatbot and image generator, may utilize generative artificial intelligence algorithms and tools (“Generative AI”) to generate certain information, recommendations, suggestions or other output (collectively, “Output”). You acknowledge that there are numerous limitations that apply with respect to Output generated through use of Generative AI tools due to the fact that it is automatically generated, including that (a) it may contain errors or inaccurate or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and the Output you receive may be the same or similar Output received by a third party or the Output may be repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. Any Output generated by the Generative AI are for informational purposes only and should not be considered as professional advice or a guarantee of specific outcomes. You are solely responsible for evaluating and using the Outputs generated by the Generative AI.
- Intellectual Property Rights
8.1 All intellectual property rights in the Service, including but not limited to trademarks, copyrights, and patents, belong to Builder.ai or its licensors. You shall not use, copy, reproduce, or distribute any intellectual property of Builder.ai without obtaining the necessary permissions or licenses.
9.1 BUILDER.AI DOES NOT PROMISE THAT THE SERVICE, OR ANY FUNCTIONALITY OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. BUILDER.AI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BUILDER.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BUILDER.AI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BUILDER.AI FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- Limitation of Liability
10.1 To the fullest extent permitted by applicable law, Builder.ai shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use or inability to use the Service.
11.1 You agree to indemnify, defend, and hold harmless Builder.ai and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Service, any app developed using the Service, your violation of this Agreement, or your violation of any rights of another party.
12.1 Builder.ai may, at its sole discretion, terminate or suspend your account and access to Service at any time without prior notice, for any reason or no reason. Upon termination, your right to access and use the Service shall cease immediately.
- Third-Party Links and Services
13.1 The Service may contain links to third-party websites or services that are not owned or controlled by Builder.ai. Builder.ai does not endorse or assume any responsibility for the content, privacy practices, or actions of these third parties. Your interactions with these third parties are solely between you and the respective third parties.
- Account Security
14.1 Certain features or services offered on or through the Service may require you to open an account, including setting up a Builder.ai ID and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to notify Builder.ai immediately of any unauthorized use of your account or password or any other breach of security. Builder.ai shall not be liable for any loss or damage arising from your failure to comply with these obligations.
15.1 You may submit ideas, suggestions, or comments ("Feedback") regarding the Service or the Company's business, products, or services. By submitting any Feedback, you acknowledge and agree that:
- Your Feedback is provided voluntarily and the Company may use and exploit such Feedback in any manner and for any purpose.
- You will not seek or be entitled to any compensation, consideration, or attribution with respect to your Feedback, regardless of whether the Company considered or used your Feedback.
- Your Feedback is not confidential or proprietary information of you or any third party.
- Modification and Changes to the Service
16.1 The Company reserves the right to modify, suspend or terminate the Service at any time and without prior notice. The Company may do so for any reason, including but not limited to technical issues, legal compliance, or operational considerations.
16.2 The Company may update this Agreement and the terms and conditions from time to time to reflect changes in the Service or applicable laws. If the Company does this, it will post the changes on this page and will update the “Last Revised” date at the top of the page of this Agreement. You can review the most current version of this Agreement at any time at /terms/terms-and-conditions. The Company will use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, a pop-up notice on the Site, email via the email address associated with your account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to this Agreement is not acceptable to you, you must cease all access or use of the Service.
- Governing Law and Jurisdiction
17.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any action or proceeding arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of the courts of England and Wales.
18.1 This Agreement, including any additional terms and conditions referenced herein, constitutes the entire agreement between you and Builder.ai regarding your use of the Service, superseding any prior agreements or understandings, whether written or oral. The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Agreement without the prior written consent of the Company, but the Company may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.
- Questions? Concerns? Suggestions? Please contact us at email@example.com and firstname.lastname@example.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.