Effective Date: January 1, 2026
Last Updated: September 1, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Builda LLC, a Texas limited liability company (“Builda,” “we,” “us,” or “our”), governing access to and use of Builda’s websites, including buildastg.kinsta.cloud, software-as-a-service platform, applications, artificial intelligence functionality, communications tools, electronic-signature functionality, payment functionality, integrations, APIs, storage, marketplace functionality, applications, features, usage credits, and related products and services (collectively, the “Service”).
Please read these Terms carefully.
BY CLICKING “I AGREE,” “ACCEPT,” “SIGN UP,” “CONTINUE,” OR A SIMILAR BUTTON, CREATING AN ACCOUNT, EXECUTING AN ORDER THAT REFERENCES THESE TERMS, PURCHASING OR USING THE SERVICE, OR OTHERWISE ACCESSING THE SERVICE AFTER THESE TERMS ARE PRESENTED TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS.
If you use the Service for or on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, “you,” “your,” and “Customer” refer to that entity.
If you access the Service as an Authorized User of an Organization, the Organization is the Customer, but you also agree in your individual capacity to comply with provisions of these Terms applicable to your access, conduct, use of Builda intellectual property, restrictions, dispute resolution, releases, and other obligations expressly applicable to users.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER. EXCEPT FOR CERTAIN DISPUTES DESCRIBED BELOW, YOU AND BUILDA AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
If you do not agree to these Terms, do not access or use the Service.
1. Definitions
“Account” means an account established to access or use the Service.
“Administrator” or “Admin” means an Authorized User designated to administer an Organization’s Account, workspace, users, permissions, settings, features, integrations, data, billing, or other aspects of the Service.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
“Authorized User” means an individual authorized by Customer to access or use the Service through Customer’s Account.
“Builda Content” means the Service and all software, interfaces, designs, workflows, documentation, templates, graphics, databases, text, code, algorithms, models, systems, methodologies, processes, technology, and other materials owned or licensed by Builda, excluding Customer Content.
“Credits” means prepaid, promotional, included, earned, purchased, or otherwise provided units that may be consumed to access or use particular Service functionality.
“Customer Content” means information, data, documents, messages, files, images, records, forms, signatures, prompts, inputs, outputs, contacts, business information, and other materials submitted to, created in, transmitted through, stored in, or otherwise made available to the Service by or for Customer or its Authorized Users.
“Organization” means a business, company, association, nonprofit organization, partnership, limited liability company, corporation, team, or other entity that establishes or controls an Account or workspace.
“Order” means an online checkout, subscription selection, order form, statement of work, purchase confirmation, or other ordering document accepted by Builda identifying applicable Services, plans, fees, Credits, Usage allowances, subscription terms, or other commercial terms.
“Third-Party Service” means software, services, websites, APIs, applications, payment processors, artificial intelligence providers, communications services, cloud platforms, integrations, data providers, or other products or services provided by a party other than Builda.
“Usage” means measurable consumption of Service functionality, including transactions, storage, communications, AI processing, API requests, searches, automations, records, Credits, or other metered activities.
2. Eligibility and Business Use
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service.
The Service is intended primarily for business, organizational, professional, and commercial use.
You represent and warrant that:
(a) information you provide to Builda is accurate and current;
(b) you have legal authority to enter into these Terms;
(c) if acting for an Organization, you have authority to bind that Organization;
(d) your use of the Service will comply with applicable law; and
(e) you are not prohibited from receiving the Service under applicable sanctions, export-control, or other laws.
Builda may refuse to provide the Service to any person or entity where legally permitted.
3. Service-Specific Terms and Policies
Certain features, products, applications, modules, integrations, payment functionality, artificial intelligence functionality, electronic-signature functionality, marketplace offerings, APIs, Credits, or other portions of the Service may be subject to additional terms, policies, disclosures, restrictions, usage rules, or requirements presented by Builda (“Service-Specific Terms”).
By accessing or using functionality subject to Service-Specific Terms, Customer agrees to those Service-Specific Terms.
Service-Specific Terms are incorporated into these Terms by reference and apply only to the functionality they govern.
If Service-Specific Terms expressly conflict with these Terms regarding specific functionality, the Service-Specific Terms control solely with respect to that functionality and conflict.
Builda may require separate acceptance of Service-Specific Terms before access to applicable functionality.
Builda may also maintain an Acceptable Use Policy, Privacy Policy, Data Processing Addendum, security documentation, API terms, payment terms, AI terms, marketplace terms, or other policies. Such documents apply when expressly incorporated into these Terms, an Order, or applicable Service-Specific Terms.
4. Electronic Acceptance and Records
Electronic acceptance of these Terms has the same force and effect as a handwritten signature to the maximum extent permitted by law.
Builda may maintain electronic records relating to acceptance, including the date, time, Account, Authorized User, IP address, device information, version of these Terms accepted, and other evidence reasonably related to acceptance.
You consent to receive contractual notices, disclosures, records, and other communications electronically where permitted by law.
You are responsible for maintaining copies of records you require.
5. Organizations, Administrators, and Authorized Users
An Organization controls its Organization Account and Customer Content within that Account, subject to applicable law and these Terms.
Customer is responsible for:
(a) selecting and managing Administrators;
(b) determining Authorized User permissions;
(c) activities occurring through its Account;
(d) ensuring Authorized Users comply with these Terms;
(e) establishing appropriate internal policies;
(f) obtaining notices, permissions, authorizations, and consents necessary for Customer’s processing of information through the Service; and
(g) resolving disputes between Customer and its Authorized Users.
Administrators may, depending on available functionality:
add or remove Authorized Users; establish or change roles and permissions; access Organization Content; modify or delete information; configure applications or features; connect or disconnect Third-Party Services; authorize data transfers; manage billing; export information; modify settings; transfer responsibilities; and take other administrative actions.
Builda may rely on instructions received from designated Administrators without independently determining whether an Administrator has internal authorization for a particular instruction.
Builda is not responsible for disputes between an Organization and its owners, employees, contractors, Administrators, Authorized Users, customers, or other persons concerning Account ownership, employment, authority, permissions, Customer Content, or internal Organization matters.
Builda may require verification or documentation before changing control of an Account, restoring access, replacing an Administrator, or releasing Account information.
6. Account Registration, Security, and Compliance Cooperation
You must provide accurate and complete registration information.
Login credentials are personal to each Authorized User and may not be shared except through functionality expressly intended for that purpose.
Customer is responsible for:
(a) protecting credentials;
(b) maintaining appropriate Account security;
(c) maintaining proper permissions;
(d) removing users who should no longer have access; and
(e) promptly notifying Builda of suspected unauthorized access.
Security concerns may be reported to support@builda.community.
Builda may implement authentication, multifactor authentication, identity verification, fraud screening, security checks, or Account-recovery procedures.
Customer will reasonably cooperate with Builda requests for information or documentation reasonably necessary to verify identity, authority, Account ownership, lawful use, payment obligations, fraud-prevention requirements, sanctions compliance, security requirements, or compliance with these Terms.
Failure to provide reasonably requested information may result in restriction, suspension, or termination where Builda reasonably determines continued access creates legal, financial, security, fraud, or compliance risk.
To the maximum extent permitted by law, Builda is not responsible for losses resulting from unauthorized Account access caused by Customer’s or an Authorized User’s failure to protect credentials, devices, email accounts, authentication methods, or permissions.
7. License to Use the Service
Subject to Customer’s compliance with these Terms and payment of applicable fees, Builda grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the applicable Service period to permit Authorized Users to access and use the Service for Customer’s internal business purposes.
The Service is licensed, not sold.
No ownership rights in the Service or Builda Content are transferred to Customer.
All rights not expressly granted are reserved by Builda and its licensors.
8. Acceptable Use and Restrictions
You will not, and will not permit another person to:
(a) violate applicable law through the Service;
(b) reverse engineer, decompile, disassemble, decode, translate, or attempt to discover source code, non-public APIs, algorithms, models, architecture, or trade secrets of the Service except where law expressly prohibits that restriction;
(c) copy, reproduce, modify, create derivative works from, sell, rent, lease, sublicense, distribute, or commercially exploit the Service except as authorized by Builda;
(d) access or use the Service to build, train, test, benchmark, market, or develop a substantially similar or competing product through misuse of Builda proprietary information;
(e) publish materially misleading benchmarking or comparative testing results;
(f) scrape, crawl, spider, data-mine, harvest, or automatically extract information except through interfaces expressly authorized by Builda;
(g) access non-public areas without authorization;
(h) probe, scan, test, or exploit vulnerabilities without Builda’s prior written authorization;
(i) bypass security controls, Usage limits, Credits, rate limits, authentication mechanisms, or access restrictions;
(j) interfere with the Service or networks connected to it;
(k) introduce malware, viruses, ransomware, worms, malicious code, or similar harmful material;
(l) impersonate another person or entity;
(m) engage in fraud, phishing, deception, identity theft, unauthorized surveillance, unlawful tracking, harassment, threats, stalking, or unlawful discrimination;
(n) upload information you lack a legal right to possess, use, process, transmit, or disclose;
(o) infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
(p) transmit unlawful spam or unsolicited communications;
(q) violate applicable telemarketing, email, privacy, or communications laws;
(r) exploit or harm minors;
(s) intentionally defeat AI safety mechanisms;
(t) use AI functionality unlawfully;
(u) use the Service as the sole basis for legally significant decisions where law requires human review or additional safeguards;
(v) use unauthorized automated accounts, bots, or agents;
(w) circumvent purchased Usage, seat, feature, Account, Credit, or plan limits; or
(x) assist another person in violating these Terms.
Builda may investigate suspected violations and may remove Customer Content or restrict, suspend, or terminate access where reasonably appropriate.
9. Data Sharing Between Builda Features
Builda is designed as an integrated business operating system.
Information entered into one feature may, depending on Customer configuration, permissions, workflows, automations, integrations, or functionality, become available in another feature or to other Authorized Users.
For example, information concerning a person, company, transaction, file, task, communication, payment, signature, or other record may be referenced, synchronized, displayed, copied, processed, or used across different portions of the Service.
Customer authorizes such processing where initiated, configured, permitted, or reasonably implied by Customer’s use of applicable functionality.
Customer and its Administrators are responsible for configuring appropriate permissions and determining which Authorized Users may access particular information.
Builda is not responsible for an Administrator granting broader internal permissions than Customer intended.
10. Customer Content
As between Builda and Customer, Customer retains its ownership rights in Customer Content.
Customer grants Builda and its Affiliates, subprocessors, and service providers a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, reproduce, display, modify as technically necessary, and otherwise use Customer Content as reasonably necessary to:
(a) provide and operate the Service;
(b) perform actions requested or configured by Customer;
(c) provide support;
(d) secure, troubleshoot, maintain, and improve the Service;
(e) prevent fraud, abuse, and security threats;
(f) comply with law and valid legal process; and
(g) exercise Builda’s rights and perform Builda’s obligations.
Customer represents and warrants that it has all rights, authorizations, permissions, notices, and lawful bases necessary for such processing.
Customer is responsible for the accuracy, legality, quality, reliability, and appropriateness of Customer Content.
Builda does not endorse Customer Content.
11. Aggregated and De-Identified Data
Builda may create and use aggregated, statistical, or de-identified information derived from use of the Service to operate, analyze, secure, support, benchmark, develop, and improve Builda’s products and business.
Builda will not intentionally use such information in a manner that identifies Customer or an individual unless permitted by applicable law or appropriate authorization.
Aggregated or de-identified information that does not identify Customer or an individual is not Customer Content.
12. Artificial Intelligence Features
The Service may include artificial intelligence, machine learning, generative AI, agents, recommendations, automated actions, or related functionality (“AI Features”).
Customer Content submitted to an AI Feature may be processed using Builda infrastructure or third-party AI providers.
As between Customer and Builda, and to the extent permitted by applicable law, Customer retains its rights in Customer-provided AI inputs and receives any rights Builda may have in outputs specifically generated for Customer.
AI outputs may be inaccurate, false, incomplete, misleading, biased, outdated, non-unique, or unsuitable for Customer’s purpose.
AI OUTPUTS DO NOT NECESSARILY REFLECT THE VIEWS, POSITIONS, POLICIES, OPINIONS, OR RECOMMENDATIONS OF BUILDA LLC, AND BUILDA DOES NOT ENDORSE AN AI OUTPUT MERELY BECAUSE IT WAS GENERATED THROUGH THE SERVICE.
Customer must independently evaluate AI outputs before relying on them.
Customer remains responsible for decisions, communications, actions, omissions, documents, transactions, and other activities based on AI Features.
AI Features are not a substitute for legal, accounting, tax, medical, financial, employment, regulatory, or other professional advice.
Customer must implement appropriate human review where AI is used in connection with employment, credit, housing, healthcare, insurance, education, legal rights, safety, or other high-impact matters.
If Customer makes AI outputs available to other users or third parties, Customer is responsible for providing disclosures required by applicable law.
Builda may use aggregated or de-identified information to improve AI systems.
Builda’s use of identifiable Customer Content for generalized model training, if any, will be governed by Builda’s applicable Privacy Policy, Data Processing Addendum, or Service-Specific Terms and applicable law. Builda will not represent that Customer Content is excluded from all third-party AI-provider processing unless Builda has contractually confirmed that restriction.
13. Automations and Authorized Actions
The Service may allow Customer to configure workflows, agents, triggers, integrations, messages, data transfers, payments, record changes, or other automated actions.
Customer is responsible for configuring, testing, reviewing, and monitoring automations.
Actions initiated through Customer’s Account using configured permissions may be treated as authorized instructions from Customer.
Builda is not responsible for losses caused by erroneous configuration, inaccurate data, inappropriate permissions, or Customer’s failure to review automated actions except to the extent liability cannot legally be excluded.
14. Third-Party Services and Integrations
Customer may connect Builda with Third-Party Services.
By enabling a Third-Party Service, Customer authorizes Builda to exchange Customer Content and other information with the third party as reasonably necessary to operate the integration.
Third-Party Services are governed by their providers’ terms, privacy policies, and practices.
Builda does not control and is not responsible for:
(a) availability or performance of customer-enabled Third-Party Services;
(b) acts or omissions of third-party providers;
(c) changes to third-party APIs;
(d) third-party security or privacy practices;
(e) Customer Content after transmission to a third party at Customer’s direction; or
(f) losses resulting from Customer’s authorization of a Third-Party Service.
Disconnecting an integration does not necessarily cause the third party to delete information it previously received.
Builda may modify, suspend, or discontinue an integration if the applicable provider changes or discontinues its offering or Builda determines that continued integration creates legal, security, technical, or commercial risk.
15. Third-Party Applications and Marketplace Offerings
Builda may make third-party applications, extensions, integrations, templates, services, or marketplace offerings available.
Unless expressly stated otherwise, such offerings are provided independently by third parties and are not Builda products.
Builda may remove or disable third-party offerings at any time.
Customer is responsible for reviewing and accepting applicable third-party terms.
16. Fees and Payment to Builda
Customer will pay all subscription, Usage, Credit, add-on, transaction, overage, and other fees disclosed before purchase or applicable Usage.
Builda may offer monthly subscriptions, annual subscriptions, Usage-based pricing, prepaid Credits, add-ons, and other arrangements.
Except where required by law or expressly stated otherwise:
FEES ARE NON-REFUNDABLE AND NON-CANCELABLE ONCE INCURRED.
Fees may be billed in advance or arrears depending on the applicable Service.
Customer authorizes Builda and its payment processors to charge the payment method associated with Customer’s Account for amounts due.
Customer must maintain accurate billing and payment information.
Builda’s Usage records control absent manifest error.
Usage overages may be billed in arrears.
Failure to pay amounts when due may result in restriction or suspension.
17. Usage Credits
Credits are usable only for eligible Builda Services.
Credits are not legal tender, do not constitute a bank deposit, and have no cash-redemption value except where required by law.
Credits may not be resold, transferred, or exchanged except where Builda expressly permits.
Promotional, free, or bonus Credits may be subject to additional restrictions or expiration.
Purchased Credits remain subject to any expiration, Usage, product, or Service-Specific Terms disclosed at or before purchase.
Cancellation of automatic renewal will not, by itself, cause otherwise-valid purchased Credits to be forfeited.
Builda may replace discontinued Credit types with substantially equivalent Credits, Usage value, or Service value.
Builda may establish different Credit consumption rates for different features.
Builda will not retroactively increase the rate applied to Usage already incurred.
18. Automatic Renewal
Unless expressly stated otherwise when purchased, paid subscriptions automatically renew at the end of each applicable billing or subscription period.
By purchasing a recurring subscription, Customer authorizes Builda to automatically charge the applicable payment method for each renewal unless Customer cancels before the renewal charge is processed.
Builda will disclose material recurring billing terms before obtaining authorization.
Builda may change pricing prospectively. Pricing changes ordinarily take effect at a future billing period or renewal after applicable notice.
19. Cancellation
Customer may cancel automatic renewal through cancellation functionality Builda makes available or another reasonably simple cancellation method.
Cancellation prevents future automatic renewal. Cancellation does not automatically delete the Account.
Unless Customer deletes the Account or Builda lawfully suspends or terminates it, Customer may continue using the Service through the later of:
(a) the remainder of an already-paid subscription period; or
(b) the exhaustion of otherwise-valid remaining purchased Credits,
subject to applicable feature availability, plan limitations, Credit terms, and these Terms.
At the end of an applicable paid subscription period, Builda may move the Account to a free or limited plan if one is then available.
No refund or prorated credit is owed solely because Customer stops using the Service before consuming available Credits or before expiration of a paid period.
20. Free Plans, Trials, Promotions, Beta, and Preview Features
Builda may provide free plans with limited functionality, Usage, Credits, storage, support, or access.
A free plan does not guarantee perpetual availability of any particular feature, amount of Usage, Credit allowance, functionality, or plan structure.
Builda may modify, limit, suspend, or discontinue free functionality to the maximum extent permitted by law.
Trials, promotions, beta, preview, experimental, and early-access features are provided “AS IS” unless Builda expressly agrees otherwise.
They may be modified or discontinued at any time and are not subject to service-level commitments, warranties, indemnification, or guaranteed support unless expressly stated.
21. Taxes
Fees are exclusive of applicable sales, use, excise, value-added, consumption, and similar transaction taxes unless expressly stated otherwise.
Customer is responsible for taxes legally imposed on Customer’s purchase or use of the Service, excluding taxes based on Builda’s net income.
Customer must provide appropriate exemption documentation if claiming a tax exemption.
Customer is responsible for taxes arising from Customer’s transactions with third parties unless law expressly places that obligation on Builda.
Builda does not provide tax advice.
22. Purchase Orders
Customer purchase orders are for administrative convenience only.
Terms contained in purchase orders, procurement portals, vendor documents, invoice instructions, or similar Customer documents do not modify these Terms unless Builda expressly agrees in a writing accepted by an authorized Builda representative.
23. Payments Between Users and Organizations
The Service may permit Organizations or users to collect, send, receive, request, facilitate, record, or otherwise interact with payments.
Payment functionality may be provided through Builda, payment processors, financial institutions, or other third parties.
Customer may be required to accept additional provider terms or complete identity, business, tax, fraud-prevention, banking, or compliance verification.
Unless Builda expressly states otherwise in separate written terms, Builda is acting as a technology provider and not as a bank, escrow agent, fiduciary, trustee, financial adviser, or guarantor of transactions.
Nothing in the Service creates a fiduciary relationship between Builda and Customer.
Builda does not guarantee the quality, legality, delivery, suitability, refundability, or performance of products or services sold by Customer.
Customer is responsible for transaction accuracy, disputes, refunds, chargebacks, reversals, taxes, receipts, legally required disclosures, authorization to charge payment methods, and compliance with applicable payment-network requirements.
Builda or an applicable processor may decline, delay, investigate, reverse, restrict, hold, or suspend transactions where reasonably necessary for fraud prevention, chargebacks, security, sanctions compliance, payment-network requirements, or applicable law.
24. Payment Card Information
Payment-card information may be collected or processed by Builda or applicable payment processors through functionality designated for payment processing.
Customer must not place full payment-card numbers, card verification codes, PINs, or similar sensitive payment authentication information into general-purpose fields, messages, files, AI prompts, notes, or other areas not expressly designed for payment information.
Customer agrees to comply with payment-security requirements applicable to Customer’s own use of payment functionality.
25. Electronic Signatures and Electronic Records
The Service may provide electronic-signature and electronic-record functionality.
Builda’s electronic-signature functionality is intended to facilitate legally effective electronic transactions where applicable law permits electronic signatures and records.
By using the functionality, Customer consents to conducting applicable transactions electronically.
Actions taken through an authenticated Account for the purpose of signing or approving a record may constitute an electronic signature where applicable law recognizes that action.
Customer is responsible for determining:
(a) whether a document may legally be signed electronically;
(b) whether all required parties have consented to electronic transactions;
(c) whether a signer has authority;
(d) whether witnessing, notarization, identity verification, disclosures, delivery, retention, or other requirements apply; and
(e) whether an electronically signed record is suitable for Customer’s purpose.
Builda may maintain audit information including timestamps, Account information, authentication information, document versions, IP information, or activity records.
Builda does not guarantee the identity, authority, legal capacity, or intent of a signer except where Builda expressly agrees otherwise.
Builda is not a law firm or notary public.
Certain records and transactions may be excluded from electronic-signature laws or subject to additional legal requirements.
26. Communications
The Service may permit messages, notifications, emails, discussions, alerts, or other communications.
Customer is responsible for communications sent through its Account.
Customer must obtain legally required consent before sending commercial emails, text messages, automated calls, marketing communications, or other regulated communications.
Builda may send security, billing, Account, legal, administrative, transactional, and service communications reasonably necessary to provide the Service.
Marketing communications will be subject to applicable opt-out rights.
Communications within an Organization may be accessible to Administrators according to permissions. Authorized Users should not assume Organization communications are private from the Organization controlling the Account.
27. Privacy and Data Processing
Builda’s collection, use, and disclosure of personal information is described in Builda’s Privacy Policy as posted on buildastg.kinsta.cloud.
Customer is responsible for determining whether Customer’s own collection and processing of personal information using the Service complies with applicable law.
Where Builda processes personal information on Customer’s behalf and a Data Processing Addendum is applicable, such Data Processing Addendum may supplement these Terms.
Nothing in these Terms eliminates rights applicable privacy law makes non-waivable.
Privacy requests concerning personal information controlled by Builda may be sent to support@builda.community.
28. Restricted and Regulated Data
Unless Builda expressly states in writing that particular functionality is designed to support a category of regulated information, Customer must not submit to general-purpose portions of the Service:
Social Security numbers; government-issued identification numbers; protected health information subject to HIPAA; biometric identifiers; authentication credentials for unrelated services; classified government information; card verification codes following payment authorization; or other information subject to specialized legal or security requirements beyond those ordinarily applicable to business SaaS.
This restriction does not prohibit payment-card information entered into functionality specifically designed for payment processing.
Customer is responsible for determining whether the Service is appropriate for Customer’s regulatory requirements.
29. Security
Builda will use reasonable administrative, technical, and organizational safeguards designed to protect the Service and Customer Content.
No electronic system is completely secure.
Builda therefore does not guarantee that unauthorized parties will never defeat security measures.
Customer is responsible for maintaining security over its devices, systems, credentials, users, networks, and integrations.
Builda may restrict suspicious activity, reset credentials, require authentication, block traffic, disable integrations, or take other actions reasonably necessary to protect the Service.
Builda will provide security-incident notifications where required by applicable law.
30. Confidentiality
Each party may receive non-public information from the other that reasonably should be understood as confidential (“Confidential Information”).
Builda Confidential Information includes non-public technology, software, security information, pricing, product plans, proprietary materials, architecture, and business information.
Customer Confidential Information includes non-public Customer Content.
The receiving party will:
(a) use Confidential Information only as reasonably necessary to perform or exercise rights relating to the Service;
(b) protect it using at least reasonable care; and
(c) disclose it only to personnel, Affiliates, contractors, professional advisers, and service providers who need to know it and are subject to appropriate confidentiality obligations.
Confidential Information excludes information the receiving party can demonstrate was lawfully known without restriction, became public without breach, was lawfully received from another source without restriction, or was independently developed without use of the Confidential Information.
Legally compelled disclosure is permitted subject to notice where lawful and reasonably practicable and disclosure of only what is legally required.
Following termination and upon reasonable written request, a receiving party will delete or destroy Confidential Information where reasonably practicable, except for information retained pursuant to applicable law, legitimate record-retention requirements, security or fraud-prevention requirements, legal-preservation obligations, or automated backup systems.
Retained information remains subject to applicable confidentiality obligations.
Nothing in this Section creates a fiduciary relationship.
31. Legal Process
Builda may preserve, access, or disclose Account information or Customer Content when reasonably necessary to:
comply with law, court order, subpoena, warrant, or valid legal process; enforce these Terms; respond to support requests; investigate fraud or security incidents; protect legal rights; or prevent harm.
Where legally permitted and reasonably practicable, Builda may notify Customer of governmental or third-party legal demands for Customer Content.
Builda may disclose only information reasonably responsive to the applicable request.
32. Builda Intellectual Property
Builda and its licensors retain all right, title, and interest in the Service, Builda Content, and associated intellectual property.
This includes software, source code, object code, interfaces, designs, workflows, systems, databases, AI systems, algorithms, models, APIs, documentation, templates, inventions, processes, methodologies, know-how, trade secrets, improvements, modifications, and derivative works.
No rights are granted by implication, estoppel, or otherwise.
“Builda,” Builda logos, and associated branding are or may be trademarks of Builda LLC.
Customer may not use Builda trademarks except with authorization or as otherwise permitted by law.
33. Feedback
If Customer submits ideas, recommendations, suggestions, improvements, comments, or other feedback regarding the Service (“Feedback”), Customer grants Builda a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, commercialize, incorporate, disclose, and otherwise exploit the Feedback for any purpose without compensation or obligation.
Feedback does not include Customer Content merely because it is stored in the Service.
34. Publicity
Unless Customer opts out in writing, Builda may identify Customer as a Builda customer and use Customer’s business name and logo in customer lists, websites, presentations, sales materials, and marketing materials solely to identify Customer as a Builda customer or user.
Customer may opt out of future use by contacting support@builda.community.
35. Third-Party Content
The Service may display, link to, transmit, or make available content created by other users or third parties.
Builda does not necessarily endorse such content.
Builda is not responsible for its accuracy, legality, quality, safety, or reliability.
Customer accesses third-party content at its own risk.
36. Open-Source Software
Certain Service components may incorporate open-source software.
Applicable open-source licenses control to the extent they expressly conflict with these Terms regarding the applicable open-source component.
37. Custom Branding and White-Label Features
Builda may permit Customer to customize branding or presentation of certain Service functionality.
Customer remains solely responsible for names, logos, trademarks, graphics, domain names, and other materials Customer supplies.
Custom branding does not transfer ownership of the underlying Service and does not create an agency, partnership, franchise, endorsement, or ownership relationship between Builda and Customer.
Customer may not remove legally required Builda, third-party, regulatory, security, or attribution notices.
38. Service Availability, Modifications, and Infrastructure Providers
Builda may modify, update, replace, improve, add, remove, or discontinue Service functionality.
Builda does not guarantee that any particular feature, integration, design, workflow, interface, or Third-Party Service connection will remain available indefinitely unless an Order expressly states otherwise.
Builda may perform scheduled or emergency maintenance.
The Service may experience outages, delays, failures, errors, or Internet disruptions.
Builda may modify, restrict, suspend, replace, or discontinue affected functionality if a cloud provider, payment processor, communications provider, artificial intelligence provider, infrastructure provider, data provider, API provider, or other third party necessary to provide the functionality restricts, suspends, terminates, materially modifies, or discontinues the applicable underlying product or service.
To the maximum extent permitted by law, Builda will not be liable for interruptions or losses resulting from such third-party actions except to the extent directly caused by Builda’s breach of a non-waivable legal obligation.
No service-level agreement or uptime commitment applies unless expressly included in an Order.
39. Backups
The Service is not intended to be Customer’s sole backup system unless Builda expressly states otherwise.
Customer should maintain independent copies of business-critical information where reasonably appropriate.
Builda does not guarantee that deleted, corrupted, altered, or lost Customer Content can be recovered.
40. Support
Builda may provide support through support@builda.community or other channels made available through the Service.
Support availability and scope may depend on Customer’s plan.
Unless stated in an Order, Builda does not guarantee a particular response or resolution time.
41. Content Moderation and Removal
Builda has no general obligation to pre-screen Customer Content.
Builda may review, restrict, disable, preserve, remove, or delete particular Customer Content where Builda reasonably believes the content:
violates these Terms; violates law; infringes rights; creates security or legal risk; facilitates fraud or abuse; or may cause material harm to Builda, its users, or third parties.
Where reasonably practicable, Builda may limit action to the affected Customer Content or functionality.
42. Suspension
Builda may immediately suspend or restrict all or part of an Account where Builda reasonably determines that:
(a) Customer violated these Terms;
(b) Customer owes past-due undisputed fees;
(c) Customer’s use creates a security threat;
(d) Customer materially disrupts the Service;
(e) suspected fraud or unlawful activity exists;
(f) suspension is required by law, court order, government authority, payment processor, financial institution, or infrastructure provider;
(g) continued access creates material legal liability;
(h) Customer attempts to circumvent Usage restrictions, Credits, payment obligations, or security controls;
(i) a provider necessary to operate affected functionality suspends Builda’s access; or
(j) immediate restriction is reasonably necessary to prevent harm.
Builda may attempt to provide notice where reasonably practicable.
Builda may restore access when the condition giving rise to suspension is resolved.
Suspension does not eliminate payment obligations already incurred.
43. Termination
Customer may stop using the Service and cancel recurring subscriptions as described above.
Builda may terminate these Terms or an Account:
(a) for material breach;
(b) for repeated violations;
(c) for fraud, abuse, unlawful conduct, or security threats;
(d) for nonpayment;
(e) where required by law;
(f) following prolonged inactivity of a free Account after notice where reasonably practicable;
(g) if providing the Service becomes unlawful; or
(h) if Builda discontinues the applicable Service.
Termination because of Customer breach does not entitle Customer to a refund.
Builda may preserve information reasonably necessary for investigations, legal compliance, fraud prevention, enforcement, or dispute resolution.
44. Account Deletion and Data
Customer may initiate Account deletion through functionality made available by Builda.
ACCOUNT DELETION IS INTENDED TO BE PERMANENT AND IRREVERSIBLE FROM THE CUSTOMER’S PERSPECTIVE.
Before deleting an Account, Customer is responsible for exporting information it wishes to retain.
After deletion, Builda may permanently delete Customer Content from active systems and may be unable to restore the Account, Customer Content, Credits, settings, integrations, records, or other information.
Deletion from backups may occur according to Builda’s normal backup rotation and retention schedules rather than instantaneously.
Builda may retain limited information where reasonably necessary or legally required for:
security; fraud prevention; financial or tax records; legal compliance; enforcement; audit trails; dispute resolution; backup integrity; or other lawful purposes.
Voluntary Account deletion may cause permanent forfeiture of unused Credits without refund except where applicable law requires otherwise.
45. Copyright and DMCA
Builda respects intellectual-property rights.
A person who believes material available through the Service infringes a copyright may submit a notice containing the information required by applicable copyright law, including identification of the copyrighted work, identification and location of the allegedly infringing material, contact information, a good-faith statement, a statement under penalty of perjury concerning authority and accuracy, and a physical or electronic signature.
Notices may be sent to:
Builda LLC
Attn: Copyright / DMCA Agent
6421 Blacktree Dr.
Plano, TX 75093
United States
Builda may remove or disable access to allegedly infringing material and may notify the affected user.
Where appropriate, Builda may process valid counter-notifications.
Builda may suspend or terminate repeat infringers in appropriate circumstances.
Submission of materially false copyright allegations may result in legal liability.
Builda may maintain additional designated-agent contact information on its website as required by applicable law.
46. Customer Representations and Warranties
Customer represents and warrants that:
(a) it has authority to enter into these Terms;
(b) it has all rights necessary for Customer Content;
(c) Customer Content and Customer’s use will not violate law or third-party rights;
(d) Customer will obtain legally required consent from individuals whose information it processes;
(e) Customer will comply with laws applicable to transactions conducted through the Service;
(f) Customer will comply with laws applicable to Customer’s communications, employees, customers, content, business, and industry; and
(g) Customer will not use the Service in a manner that causes Builda to violate applicable law.
47. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, BUILDA CONTENT, AI FEATURES, CUSTOMER-CREATED CONTENT, THIRD-PARTY INTEGRATIONS, FREE SERVICES, PAYMENT FUNCTIONALITY, ELECTRONIC-SIGNATURE FUNCTIONALITY, AND RELATED SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
BUILDA AND ITS AFFILIATES, MEMBERS, MANAGERS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, SECURITY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Builda does not warrant that:
the Service will be uninterrupted or error-free;
all defects will be corrected;
Customer Content will never be lost;
the Service will meet every Customer requirement;
AI outputs will be accurate, current, complete, or unique;
third-party services will remain available;
electronic signatures or documents will be enforceable for every purpose;
a transaction will be successful, final, or dispute-free; or
the Service will satisfy Customer’s particular regulatory obligations.
Some jurisdictions prohibit certain disclaimers. In those jurisdictions these provisions apply to the maximum extent legally permitted.
48. No Professional Advice
Builda is a software company.
Unless expressly stated in a separate written agreement, Builda does not provide legal, accounting, tax, investment, banking, financial, medical, employment, compliance, regulatory, or other professional advice.
Templates, analytics, AI outputs, recommendations, electronic-signature tools, and other functionality are software functionality and information only.
Customer is responsible for obtaining appropriate professional advice.
49. Customer Indemnification
To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless Builda LLC and its Affiliates and their respective current and former members, managers, owners, officers, employees, contractors, representatives, agents, licensors, service providers, successors, and assigns (collectively, the “Builda Parties”) from and against third-party claims, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, losses, and reasonable attorneys’ fees arising out of or relating to:
(a) Customer Content;
(b) Customer’s or an Authorized User’s use or misuse of the Service;
(c) Customer’s breach of these Terms;
(d) violation of law;
(e) infringement or violation of intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
(f) transactions between Customer and its customers, employees, Authorized Users, vendors, contractors, or others;
(g) products or services sold or provided by Customer;
(h) payment collection, chargebacks, refunds, taxes, transaction disputes, or reversals;
(i) electronic documents or signatures created, requested, transmitted, or executed by Customer;
(j) Customer communications or marketing;
(k) Customer employment or workforce activities;
(l) Customer AI instructions, reliance on AI outputs, or unlawful use of AI functionality; or
(m) disputes among Customer’s owners, Administrators, Authorized Users, employees, customers, or third parties.
Builda may assume exclusive control of the defense of a claim subject to indemnification.
Customer will reasonably cooperate.
Customer may not settle a claim in a manner imposing liability, an admission, payment, or non-monetary obligation on a Builda Party without Builda’s prior written consent.
50. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO BUILDA PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUE, SALES, CONTRACTS, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, GOODWILL, OPPORTUNITIES, USE, OR DATA; BUSINESS INTERRUPTION; LOSS OR CORRUPTION OF DATA; COST OF SUBSTITUTE SERVICES; OR SIMILAR LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF LEGAL THEORY AND EVEN IF ADVISED SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALL BUILDA PARTIES COLLECTIVELY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO BUILDA FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.
IF CUSTOMER PAID BUILDA NO FEES DURING THAT PERIOD, THE MAXIMUM AGGREGATE LIABILITY OF ALL BUILDA PARTIES COLLECTIVELY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limitations apply to claims based in contract, tort, negligence, strict liability, statute, equity, or any other legal theory and even if a remedy fails of its essential purpose.
Nothing limits liability to the extent applicable law prohibits limitation.
CUSTOMER AND BUILDA ACKNOWLEDGE THAT THE WARRANTY DISCLAIMERS, DAMAGE EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT BUILDA WOULD NOT PROVIDE THE SERVICE ON THE SAME ECONOMIC TERMS WITHOUT THEM.
51. No Personal Recourse Against Builda Owners and Managers
Customer acknowledges that its contractual relationship concerning the Service is with Builda LLC.
To the maximum extent permitted by applicable law, Customer will look solely to Builda LLC for satisfaction of contractual obligations or liabilities arising from these Terms or the Service.
No member, manager, owner, officer, employee, or representative of Builda LLC assumes personal liability merely by acting for Builda LLC.
Nothing in this Section eliminates liability independently imposed on a person by applicable non-waivable law.
52. Release Concerning Third Parties
To the maximum extent permitted by law, Customer releases the Builda Parties from claims arising solely from disputes between Customer and Authorized Users, Administrators, customers, vendors, payment counterparties, application providers, Third-Party Services, or other third parties, except to the extent caused directly by Builda’s independent breach of a non-waivable legal obligation.
53. Time Limitation on Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM AGAINST A BUILDA PARTY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES.
Otherwise, the claim is permanently barred.
This provision does not apply where law prohibits contractual shortening of the applicable limitations period.
54. Informal Dispute Resolution
Before initiating arbitration or litigation, a party asserting a dispute must provide written notice identifying:
the party; relevant Account or Organization; factual basis of the dispute; nature of the dispute; and relief requested.
Notices to Builda must be sent to support@builda.community with the subject line:
LEGAL DISPUTE NOTICE
The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of a complete notice.
This requirement does not prevent emergency relief necessary to prevent imminent irreparable harm.
55. Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY.
Except for disputes expressly excluded below, Customer and Builda agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Customer Content, payments, subscriptions, Credits, AI Features, electronic signatures, privacy, communications, transactions, or the relationship between Customer and Builda will be resolved by final and binding individual arbitration rather than in court.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Arbitration will be administered by the American Arbitration Association (“AAA”).
The applicable AAA Commercial Arbitration Rules will govern business disputes, and applicable consumer rules will govern only where legally required.
There will be one neutral arbitrator.
The arbitrator may award individual remedies that a court of competent jurisdiction could award, subject to these Terms and applicable law.
The arbitrator may not consolidate claims or preside over class, representative, collective, or consolidated proceedings unless Builda and all affected parties expressly agree in writing.
The arbitrator will have authority to determine disputes concerning the interpretation, scope, applicability, or enforceability of this arbitration agreement, except that a court of competent jurisdiction will determine disputes concerning the enforceability of the class-action waiver or a timely arbitration opt-out.
Arbitration may occur through written submissions, telephone, videoconference, remote hearing, or another method permitted by applicable rules.
If an in-person hearing is reasonably necessary, it will ordinarily occur in Collin County, Texas, unless applicable law requires otherwise.
If AAA is unavailable or unwilling to administer the arbitration, Builda or Customer may request administration by JAMS. If neither organization can administer the proceeding, either party may ask a court of competent jurisdiction to appoint an arbitrator consistent with the Federal Arbitration Act.
Arbitration fees will be allocated according to applicable rules. Builda will pay amounts applicable law requires Builda to pay for this arbitration provision to remain enforceable.
Judgment on an arbitration award may be entered in any court having jurisdiction.
56. Arbitration Exceptions and Equitable Relief
Either party may bring an individual action in court:
(a) qualifying for small-claims court;
(b) seeking temporary or preliminary equitable relief concerning unauthorized access, cybersecurity, intellectual property, Confidential Information, or misuse of the Service;
(c) concerning infringement or misappropriation of intellectual property where court relief is legally appropriate; or
(d) where applicable law prohibits arbitration of the particular claim.
Seeking temporary equitable relief does not waive arbitration of remaining claims.
To the extent permitted by law, a party seeking equitable relief to protect intellectual property, Confidential Information, or security need not establish that monetary damages are an adequate remedy.
57. Class-Action and Representative-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND BUILDA AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY WILL BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE-ATTORNEY-GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST THE OTHER REGARDING A DISPUTE SUBJECT TO THESE TERMS, EXCEPT WHERE APPLICABLE LAW MAKES SUCH A WAIVER UNENFORCEABLE.
If a court determines that a particular request for relief cannot lawfully be waived or arbitrated individually, that request will be severed and resolved by the court after arbitrable claims are completed to the extent legally permitted.
58. Jury-Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND BUILDA EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE PERMITTED TO PROCEED IN COURT.
59. Arbitration Opt-Out
Customer may opt out of Sections 55 through 57 by sending Builda written notice within 30 days after Customer first becomes subject to those Sections.
The notice must identify Customer and the applicable Account, provide the email associated with the Account, and clearly state that Customer opts out of arbitration.
It must be sent to:
Subject:
ARBITRATION OPT-OUT
Opting out does not affect the remaining Terms.
60. Governing Law
Except to the extent superseded by federal law, these Terms and disputes arising from them are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
61. Court Venue
For disputes not required to be arbitrated, the parties consent to exclusive jurisdiction and venue in:
the state courts located in Collin County, Texas, or, where federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of Texas.
Each party waives objections based on personal jurisdiction, venue, or inconvenient forum to the maximum extent permitted by law.
62. Export Controls and Sanctions
Customer will comply with applicable U.S. and international export-control, import, re-export, economic-sanctions, and trade-control laws.
Customer may not use, export, re-export, transfer, provide, or make the Service available to a prohibited person, entity, destination, or end use.
Customer represents that it is not subject to restrictions that prohibit Builda from providing the Service.
Builda may suspend access as reasonably necessary to comply with applicable restrictions.
63. Legal Compliance
Each party is responsible for laws applicable to its own performance.
Customer is responsible for laws specifically applicable to Customer’s business, industry, employees, customers, transactions, communications, content, and use of the Service.
Builda does not represent that use of the Service automatically causes Customer to comply with laws applicable to Customer.
64. Changes to These Terms
Builda may update these Terms to reflect changes in law, the Service, technology, security requirements, business practices, or other legitimate reasons.
Builda will update the “Last Updated” date when these Terms change.
Where required by law or where Builda determines a change is material, Builda may provide reasonable notice by email, Account notification, Website notice, or another reasonable method.
Changes required by law or reasonably necessary to address security, fraud, abuse, or technical risks may take effect immediately where appropriate.
For an active paid annual subscription, a material change materially reducing Customer’s contractual rights ordinarily will take effect at renewal unless Customer accepts it earlier or earlier application is reasonably necessary for law or security.
Unless required by applicable law or expressly agreed by Customer, modifications to these Terms apply prospectively and do not retroactively alter rights or obligations relating to events occurring before the applicable modification became effective.
Continued use after the applicable effective date constitutes acceptance where permitted by law.
65. Orders and Order of Precedence
Each accepted Order is incorporated into these Terms.
If an Order conflicts with these Terms concerning pricing, plan, subscription term, Credits, Usage allowance, or other expressly identified commercial terms, the Order controls for those terms.
An Order does not modify indemnification, intellectual property, confidentiality, liability limitations, dispute resolution, governing law, or other legal protections unless the Order expressly identifies the specific provision being overridden and the modification is accepted by an authorized Builda representative.
An applicable Data Processing Addendum controls regarding the particular data-processing matters it expressly governs.
66. Assignment
Customer may not assign or transfer these Terms, an Account, or an Order without Builda’s prior written consent.
Any attempted prohibited assignment is void to the extent permitted by law.
Builda may assign or transfer these Terms without Customer consent to an Affiliate or successor or in connection with a merger, acquisition, financing, reorganization, change of control, or sale of all or substantially all of the relevant business or assets.
These Terms bind permitted successors and assigns.
67. Force Majeure
Builda is not liable for delay, interruption, degradation, or failure to perform a non-payment obligation caused by circumstances beyond Builda’s reasonable control, including natural disasters, severe weather, fire, flood, earthquake, epidemics, pandemics, war, terrorism, civil unrest, governmental action, labor disputes, Internet failures, telecommunications failures, power failures, cloud-provider outages, infrastructure failures, cyberattacks, denial-of-service attacks, supply-chain interruptions, or similar events.
Builda may use commercially reasonable efforts appropriate under the circumstances to mitigate material effects.
68. Independent Contractors
The parties are independent contractors.
These Terms do not create a partnership, employment relationship, joint venture, franchise, fiduciary relationship, or general agency relationship.
Neither party may bind the other except as expressly agreed.
69. No Third-Party Beneficiaries
Except for Builda Parties expressly protected by these Terms, these Terms do not create rights for third-party beneficiaries.
Builda Parties are intended beneficiaries of provisions concerning indemnification, releases, warranty disclaimers, limitations of liability, personal recourse, and dispute protections and may enforce such provisions where legally permitted.
70. Notices
Builda may provide notices through the Service, Website, email associated with Customer’s Account, or another reasonable electronic method.
Customer is responsible for keeping contact information current.
Formal legal notices to Builda must be sent to:
Builda LLC
6421 Blacktree Dr.
Plano, TX 75093
United States
Subject:
LEGAL NOTICE
Ordinary operational or support messages do not constitute formal legal notices unless they satisfy this Section.
71. Severability and Reformation
If a provision is determined invalid, illegal, or unenforceable, it will be enforced to the maximum extent legally permitted and, where permissible, modified only to the minimum extent necessary to make it enforceable.
Remaining provisions remain in effect.
72. No Waiver
A party’s failure or delay in exercising a right does not waive that right.
A waiver must be express and applies only to the circumstance for which it is given.
73. Entire Agreement
These Terms, applicable Orders, and other documents expressly incorporated into them constitute the entire agreement concerning the Service and supersede prior or contemporaneous understandings concerning the same subject matter.
Marketing materials, demonstrations, sales presentations, customer-service communications, or other statements do not modify these Terms unless expressly incorporated into an Order or signed agreement accepted by an authorized Builda representative.
74. Interpretation
Headings are for convenience only.
“Including” means “including without limitation.”
The singular includes the plural and vice versa where appropriate.
These Terms will not be interpreted against either party merely because that party drafted them.
75. Survival
Provisions that by their nature should survive expiration or termination will survive, including provisions concerning:
fees owed; intellectual property; Feedback; confidentiality; data retention; Customer representations; warranty disclaimers; indemnification; limitations of liability; releases; dispute resolution; governing law; and other provisions necessary to fulfill their purpose.
76. English Language
These Terms are written in English.
If Builda provides a translation, the English version controls to the maximum extent permitted by applicable law if a conflict exists.
77. Contact Builda
Questions concerning these Terms or the Service may be directed to:
Builda LLC
6421 Blacktree Dr.
Plano, TX 75093
United States