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Terms of Use
Last Updated: November 2, 2023
Introduction and Overview
These Terms and Conditions of Use ("Agreement") are entered into by and between Build App LLC, a software and technology company ("Build App LLC," "we," or "us"), and you, the user of Build App LLC's online platform and services ("you" or "user"). This Agreement governs your use of Build App LLC's website and any related mobile or software applications (collectively referred to as the "Platform").
By accessing or using the Platform, you agree to comply with and be bound by this Agreement. If you do not agree with these terms and conditions, please do not use the Platform.
Agreement to These Terms
To access and/or use the Platform, you acknowledge and agree:
To the terms and conditions of this agreement ("Agreement"), which include:
Build App LLC's Privacy Statement
The current version of the terms set out in Section A and Section B
Any additional provisions and conditions provided separately to you for your use of the Platform, including terms and conditions from third parties ("Additional Terms")
You are at least 18 years of age.
You are capable of forming a binding contract with Build App LLC.
You are not a person prohibited from using the Platform under the laws of the United States or any other applicable jurisdiction.
By using certain Services, you provide written instructions in accordance with the Fair Credit Reporting Act and other applicable laws, allowing Build App LLC and its affiliated companies to obtain and periodically refresh your credit information and other relevant data from third parties for marketing, eligibility, and other purposes as described in Build App LLC's Global Privacy Statement. These instructions authorize Build App LLC and its affiliated companies to access such information both now and periodically in the future as long as you maintain a registered Build App LLC account. We will stop refreshing your credit information when you cancel your account via your account settings.
Your Personal Information
We prioritize transparency regarding the use of personal information and respect your rights as outlined in our Privacy Statement. Only provide personal information about others if you have appropriate permission to do so.
You agree that Build App LLC may use and maintain your personal information as outlined in Build App LLC's Global Privacy Statement and any changes published by Build App LLC. If we allow you to input personal information about individuals other than yourself (as defined under applicable law), you represent and warrant that you have complied with all applicable laws and received the necessary authority or consent to permit Build App LLC to collect and process such information to operate our business, in accordance with our Global Privacy Statement. You further agree that, any sharing of personal information among Company Group is contemplated as part of the Platform, and such sharing does not constitute a "sale" of information as defined under the New York Privacy Act (NYPA).
Changes
Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform provided by Build App LLC. Similarly, there may be circumstances where we need to update or discontinue the Platform.
We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.
In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to these changes, you may stop using the Platform or terminate your account.
Similarly, we may update the Platform, including with tools, utilities, improvements, or third-party applications. You agree to receive these updates. We may further modify, suspend, or discontinue the Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspensions, or discontinuance of the Platform.
Your Rights to Use the Platform
You can use our Platform for your own personal and lawful use or as otherwise permitted under this Agreement.
Except as set forth in the Section B terms, you may access and use the Platform for your own internal, lawful, and non-commercial purposes only.
Beta Features
We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is.
We may include new and/or updated pre-release and trial features in the Platform, and such features are provided as-is. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.
Account
You will provide accurate, up-to-date account information and securely manage such information.
You may need to sign up for an account to use the Platform provided by Build App LLC. We may need to verify your identity, and you authorize us to collect information (e.g., date of birth, address) from you to do so (collectively, with all information requested to enable your account, "Account Information"). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform's accuracy and effectiveness.
You are responsible for securely managing your Account Information, including any password(s) for the Platform. You will notify us immediately if you believe that your Account Information or the device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.
Payment & Cancellations
Some Services may be free, others may have costs associated. For those with costs, we may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you may not receive a refund).
We may require payment of fees or a subscription charge for use of the Platform (or certain portions of the Platform), and you agree to pay such fees. If you registered for a trial, you may need to purchase the Platform before the trial ends to retain access to any content provided to, or created through, the Platform.
Payments will be billed in U.S. dollars, and your account will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
You may be charged a subscription fee in advance on an annual basis or other recurring interval disclosed to you prior to your purchase. For annual subscriptions, we will send you a reminder with the then-current subscription fee no less than thirty (30) days and no more than sixty (60) days before your subscription term ends, or otherwise as required by applicable law. Build App LLC may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.
Desktop and Mobile App Use
Desktop and Mobile versions of our Platform may be available for download, but you must follow applicable third-party terms when using them.
The Platform may be available through one or more apps for a compatible desktop computer or mobile device. You agree that you are solely responsible for any applicable changes, updates, and fees, as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.
With respect to the applicable Platform, you are only granted limited rights to install and use the Platform you have downloaded, signed up for, or for which you have purchased a license or acquired a free trial. Build App LLC reserves all other rights in the applicable Platform not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement (including all payment obligations), Build App LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Platform only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in Build App LLC's then-current product discontinuation policies (as updated from time to time) and only for the purposes described by Build App LLC for the applicable Platform.
You acknowledge and agree that such Platform is licensed, not sold.
You may make a single copy of the Platform for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Platform. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Platform as delivered to you.
Third Party Advice and Products
You may have access to professional advice and third-party products. Any such advice and products are not covered under this Agreement.
Limitation of Liability
1. Limitation of Liability. Build App LLC (referred to as "the Company") shall not be held responsible for any losses, including but not limited to, those resulting from any issues or difficulties encountered with the use of our Platform. Unless otherwise provided for in this Agreement or as permitted by applicable law, Build App LLC shall not be liable for any losses, whether direct or indirect, consequential or incidental, including but not limited to loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings. Furthermore, Build App LLC shall not be responsible for punitive damages.
2. Maximum Liability. In cases where Build App LLC or its third-party providers, licensors, distributors, or suppliers (collectively referred to as the "Company Parties") may be found liable, the total aggregate liability shall be limited to the greater of two options: (a) the fees paid by the user for the relevant Service(s) within the 12 months preceding the breach, or (b) the sum of $100.
3. No Advisory Services. The Platform provided by Build App LLC is solely intended for entertainment and educational purposes and does not offer financial or investment advice, tax advice, or any other form of legal advice. Users should not construe any information or content on the Platform as professional advice, and should always seek the guidance of qualified professionals for specific financial, investment, tax, or legal advice.
4. Exceptions. The limitations stated herein are applicable irrespective of whether the Company Parties have been informed of the possibility of such damages. This Agreement sets forth the exclusive remedy with respect to the Platform and its use.
5. Legal Exemptions. Should the user possess legal exemptions from certain obligations, including indemnification, this Agreement shall not impose such responsibilities on the user. For example, certain entities, such as the United Nations, may enjoy legal immunities that take precedence over the terms of this Agreement.
Indemnity Obligations
6. Indemnity Obligations. In cases where legal action is taken against the Company due to the unlawful or unauthorized use of the Platform by the user or a violation of this Agreement, the user shall indemnify and hold harmless the Company Parties against any losses, damages, judgments, fines, costs, and expenses, including legal fees. Build App LLC reserves the right to assume, at its discretion and at its expense, the exclusive defense and control of any such claims. The user agrees to cooperate reasonably, as requested by Build App LLC, in the defense of such claims.
To make your terms of service agreement apply to New York, you need to specify New York law as the governing law. Here's the revised version:
General Terms (Miscellaneous)
Governing Law
This Agreement is governed by the laws of the State of New York and the Federal Arbitration Act, irrespective of conflict of laws rules. All disputes related to the Platform, this Agreement, and any Additional Terms will be subject to the laws of the State of New York and the Federal Arbitration Act.
Global Trade and Export Restrictions
You are permitted to use the Platform within the legal framework of the U.S. and other relevant territories. The Platform cannot be exported to countries embargoed by the U.S. government.
By using the Platform, you certify that you and anyone using the Platform, including the related website, online services, and mobile apps, are in compliance with U.S. and other applicable jurisdiction laws and regulations. This includes not being listed on the U.S. Treasury Department’s list of Specially Designated Nationals or any similar prohibition. You acknowledge that the Platform may be subject to restrictions under applicable U.S. export control laws and regulations. You agree to adhere to these export control and sanctions laws and regulations and not to transfer or provide any part of the Platform, whether directly or indirectly, in violation of these laws and regulations.
Government End Users of Platform
Even if you are a government end user, your rights to the Platform are limited to what is described in this Agreement.
The Platform is considered a "commercial item" as per the definitions in FAR 2.101, including "commercial computer platform" under FAR 12.212 and DFARS 227.7202. If the Platform is acquired by or on behalf of the U.S. Government, the U.S. Government’s rights in the Platform will be limited to those specified in this Agreement, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable.
Waiver
Build App LLC’s failure to enforce any of its rights under this Agreement in a specific instance does not imply a waiver of these rights in other circumstances. Any waiver by Build App LLC of any provisions in the Agreement must be in writing and signed by an authorized officer of Build App LLC.
Assignment
This Agreement cannot be transferred or assigned to someone else without Build App LLC's permission. Build App LLC retains the right to assign this Agreement to any party without notice to you. You may not assign your rights under this Agreement without our consent, and any such attempt without consent will be void.
Severability
If a court finds any provision of this Agreement unlawful, void, or unenforceable for any reason, then that provision will be severed, and the remaining provisions will remain in full force and effect.
Contact Information
If you have any questions about the Platform or this Agreement, please contact Build App LLC support.
Latest Revision: November 2, 2023 (Section B)
SECTION B TERMS
Your use of the Services (as defined in the Section A Terms) is subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms take precedence in the event of any conflict or inconsistency with the Section A Terms.
Messaging Terms and Privacy
Build App LLC may send you promotional messages, but you can opt out at any time.
By providing your telephone number in connection with the Services, you confirm that you are the current subscriber or owner of that number. Telephone calls to or from Build App LLC may be monitored and recorded. Additionally, you agree that Build App LLC may contact you by telephone or text message to your telephone number or any other number provided to us on your behalf to inform you about promotions or Build App LLC services we believe may interest you. You can opt out of receiving automated calls and texts at any time; your consent to receive these messages is entirely voluntary. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You are not obliged to agree to receive promotional calls or texts as a condition of purchasing any goods or services.
For text messages sent to you in connection with the Services, please note:
- Message frequency may vary.
- Message and data rates may apply, and Build App LLC is not responsible for these charges.
- You can reply HELP for information.
- You can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out).
- Neither Build App LLC nor mobile carriers involved in text messaging are liable for delayed or undelivered messages.