This Builder.ai Website Terms of Use Agreement ("Agreement") is entered into between you ("User" or "you") and Engineer.ai Global Limited, doing business as Builder.ai ("Builder.ai" or the "Company"), and governs your access to and use of the Builder.ai website ("Site") and its content ("Content").

Acceptance of Terms

By accessing or using any portion of the Site, 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.

Authorization to Access and Use Site and Content

2.1 Subject to your compliance with this Agreement, Builder.ai authorizes you to access and use the Site and its Content solely for your personal, non-commercial use. You may not sublicense, resell, or otherwise commercially exploit the Site or Content without the express written consent of Builder.ai.

Ownership and Restrictions

3.1 All rights, title, and interest in and to the Site and its Content belong exclusively to Builder.ai. You acknowledge that Builder.ai's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided.

3.2 You are prohibited from reproducing, modifying, distributing, displaying, transmitting, creating derivative works from, or otherwise exploiting the Site or Content without the express written consent of Builder.ai.

User Conduct

4.1 You agree to use the Site and Content 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 the Site or Content, 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 Site or Content.

- Engaging in any form of hacking, data mining, or unauthorized data collection.

- Interfering with or bypassing any security measures or access controls of the Site or Content.

(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.

4.2 You acknowledge and agree that Builder.ai has the right to monitor and review your use of the Site and Content 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 Site or Content. (c) Removing or modifying any content posted by you that violates this Agreement. (d) Taking legal action, if necessary, to enforce this Agreement or protect the rights of Builder.ai and other users.

4.3 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.

Purchases; Confidentiality

5.1 Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, 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 Site or any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

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 If you are a competitor of Builder.ai or engaged in similar business activities, you expressly acknowledge and agree to the following restrictions: (a) You shall not access or use the Site or any portion thereof for the purpose of extracting or gathering Confidential Information; (b) You shall not engage in benchmarking or competitive analysis using Builder.ai's Confidential Information; (c) You shall not disclose, reproduce, or share Builder.ai's Confidential Information with any third party, directly or indirectly.

5.4 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 or services provided by Builder.ai may utilize generative artificial intelligence algorithms (“Generative AI”). Any outputs, results, or recommendations 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 or results generated by the Generative AI.

Privacy Policy

7.1 Your use of the Site is subject to Builder.ai's Privacy Policy, which explains how Builder.ai collects, uses, and protects your personal information. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

Intellectual Property Rights

8.1 All intellectual property rights in the Site and Content, 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.

Disclaimers

9.1 BUILDER.AI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BUILDER.AI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE 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 THE SITE AND/OR ANY BUILDER.AI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BUILDER.AI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. 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 Site or Content.

Indemnification

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 Site or Content, your violation of this Agreement, or your violation of any rights of another party.

Termination

12.1 Builder.ai may, at its sole discretion, terminate or suspend your access to the Site or Content at any time without prior notice, for any reason or no reason. Upon termination, your right to access and use the Site and Content shall cease immediately.

Third-Party Links and Services

13.1 The Site 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 Site 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.

Feedback

15.1 You may submit ideas, suggestions, or comments ("Feedback") regarding the Site and Content 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.

Governing Law and Jurisdiction

16.1 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.

Entire Agreement

17.1 This Agreement, including any additional terms and conditions referenced herein, constitutes the entire agreement between you and Builder.ai regarding your use of the Site and Content, superseding any prior agreements or understandings, whether written or oral.

By using the Builder.ai website, you affirm that you have read, understood, and agree to be bound by this Agreement.

Last Updated: July 10, 2023