Terms of Service

This policy was last updated on October 12, 2023.

Overview

The platform accessible through the https://buildai.space domain name (the “Site”) and the services offered through the Site are provided by BuildAI.space (hereinafter referred to as “us”, “we” or the “Company”). We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/ or app users.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Service Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is in provided, without express written permission by us.

You acknowledge that the content generated using the Service, as well as the submitted input, may be made available to users of the AI app and shared with third parties for the purpose of supplying AI results.

You understand that the Company is using new AI technology and results may be unexpected and inaccurate, as described in section 4.l below.

By uploading contextual data, you acknowledge that all content within the data, including sensitive information, may be made available to users of your AI application, as well as shared with third parties for the purpose of supplying AI results.

You acknowledge and understand that other builders within the AI app creators, including the BuildAI team, may have similar AI app ideas and create similar AI apps.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Account Creation

a) Creating an Account

To access the Company’s services, you must register and create an account ("Account"). During the registration process, you must provide accurate, up-to-date, and complete information about yourself as requested. You may not sign up or create an account on behalf of a third party.

If you are an individual, you should create a personal and non-transferable Account for personal use only.

If you are a company, you should create a business Account to use the services under the name of your company or group. In doing so, you confirm that you have the legal authority to enter into these Terms and Conditions on behalf of your company.

By creating an Account, you can choose any of the plans described in the Pricing section the Company’s website.

We may offer different plans with various functionalities, features, and pricing conditions. The definition of services may change over time, and you will receive detailed information on the current features and functionalities during the signup process.

Account ownership is based on the information provided during signup, so it is essential that all the information you provide is true, accurate, current, and complete. If there are any changes to the information you provided, it is your responsibility to notify us promptly to keep our records up to date and accurate. Please contact us if you encounter any issues accessing or logging into the services.

b) Provision of Services

Once your Account is successfully created, the Company’s services will be available for use. However, please note that access to certain functionalities and services may be limited to specific plans and subject to payment requirements. We will provide detailed information about these aspects on our website.

Section 4 - Use of Your Account and Services, and Your Content

a) Account Security and Credentials

You are solely responsible for the security of your BuildAI.space account. Sharing or allowing others to use your account is strictly prohibited. It is essential to keep your account credentials secure at all times. Do not share your account information with any third parties or write it down for recovery purposes. If you suspect that your account or credentials have been compromised or used by a third party, please contact us immediately through our Contact details. Failure to report such incidents may result in attributing all account activities to you, and you will be held responsible for any actions taken under your account.

b) Use of Your Account and Services

You must use your BuildAI.space account and services in compliance with applicable laws, public order and you must not:

  • Impersonate or misrepresent your affiliation with any person or entity, engage in stalking or harassment, or share or use offensive or pornographic materials.
  • Conduct activities such as vulnerability scanning, load testing, penetration tests, or bypassing security measures on the Company’s platform without prior written approval.
  • Collect credit card information, passwords, or similar login credentials.
  • Use the account, site, or services in a way that infringes upon the rights and legitimate interests of the Company, third parties, or in any manner that disrupts, damages, or overloads the site or services.

c) Usage Limits

You are obligated to use the Company’s services in strict adherence to the terms outlined in these Terms and as specified in your chosen plan's limitations, which are detailed in the Pricing section of the Company.

For certain plans, you have the option to purchase add-ons at any time, allowing you to increase the available app runs.

Once the limit for app runs has been reached, we are not obliged to provide notification, and it becomes your responsibility to purchase or upgrade your plan in order to obtain additional monthly app runs.

d) Beta Features

You may have the opportunity to participate in early access programs for utilizing alpha or beta versions of the features, known as "Beta Features." Please note that Beta Features may not function in accordance with the provided documentation and may contain errors, defects, or bugs, as you acknowledge and agree. It is important to understand that Beta Services are not covered by any service level commitments outlined in these Terms and Conditions.

e) Materials available in the Services or the Site

The Company provides the option for Account holders to upload various materials, such as information, graphics, text, and other content. These materials are intended solely for your use in connection with the Site and Services. It is important to note that the legality, accuracy, and completeness of such materials are the sole responsibility of the party that uploaded or provided them on the Site or through the Services. Please be aware that the use of these materials may be subject to specific terms and conditions or license agreements. As a user, it is your responsibility to obtain any necessary licenses or authorizations and to comply with any applicable licenses, terms, and conditions associated with these materials.

f) Services and third-party involvement

In order to provide you with high-quality Services, we may occasionally rely on third-party service providers. It's important to understand that these providers operate independently and beyond our reasonable control. Therefore, we cannot be held responsible for any damages caused by their actions or omissions.

g) Your content

We acknowledge that you retain ownership of the content you upload or use in connection with the Company’s Site or Services. However, in order to provide you with the Services and access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, distribute, communicate, publicly perform or display (including broadcasting and transmission), transform, modify, and/or adapt your content solely in connection with the operation of the Site and/or the Services. This license is limited to the extent necessary to deliver the Services to you, and we will not use your content for any other purposes. By granting this license, you represent and warrant that you have the necessary rights to do so and that your content does not infringe any laws or third-party rights or interests.

Please be aware that when you submit content it may become publicly available to third parties and app users. Before submitting such content as part of the Services, we encourage you to carefully consider whether you want to share it under these conditions and make sure it does not include any sensitive data.

h) Intellectual property of third parties and other proprietary rights

In addition to the provision mentioned in section 3.b above, you agree not to upload, post, email, transmit, share, or otherwise use any content in connection with the the Company’s Services or Site without the prior authorization of the rightful owners. We are not liable for such content or any actions you take in relation to it, and you should not use third-party content unless you have obtained permission from the owner.

As an illustration, you are prohibited from using photographs, music, text, graphics, information, trademarks, trade names, or other intellectual property-protected content that does not belong to you, unless you have obtained explicit approval from the rightful owner. It is strictly forbidden to utilize the  Company’s Services to infringe upon the intellectual property or exclusive rights of any content owner, including providing links to peer-to-peer (P2P) platforms that contain infringing materials.

Please note that, we reserve the right to remove any content that violates this section without prior notice, and we assume no liability for such removal.

i) Content Review

You understand that in order to fulfill legal obligations, prevent phishing or fraud, or address reports of unlawful content, we may need to review certain content you submit. This review aims to assess its legality and compliance with these Terms. We reserve the right, at our sole discretion, to modify, restrict access to, delete, or decline to display any content that we believe violates the law or these Terms. However, please note that we are not obligated to monitor or review any content submitted by you.

j) Responsibilities towards App users

By using the Services, you may collect, process, and analyze information belonging to third parties, referred to as "App users". Any contractual relationship with App users is solely between you and them. It is your full responsibility to fulfill any relevant obligations when communicating with App users and handling their data.

k) Collaboration with us

You agree to follow any instructions or recommendations provided by us or any authorized representative of the Company regarding the use of the Site, your Account, or the Services.

l) App content responsibility

We collaborate with third-party entities such as Open AI. Please note that Open AI are not affiliated with us as partners, agents, or representatives. We do not claim ownership of the AI app content ("App Content") that is built using Open AI, and we make no guarantees, representations, or warranties regarding your rights or entitlement to use the App Content. We disclaim any liability for App Content, including its accuracy, integrity, quality, legality, usefulness, or safety, as well as any associated intellectual property rights.

You are solely responsible for your use of the App Content, including any losses or liabilities that may arise from such use. You agree to defend, indemnify, and hold us harmless from any losses, settlements, damages, liabilities, judgments, obligations, fines, sanctions, costs, and expenses (including reasonable attorney's fees) ("Losses") resulting from any claims, proceedings, demands, suits, or actions ("Actions") brought by a third party in connection with your use of the App Content.

Section 5 - Term

Once the subscription process is completed, you will have access to the Services, which will remain available to you unless you choose to terminate your Account through the Account section. Paid plans have a specific duration based on your selection during the signup process and will automatically renew on a monthly or annual basis, depending on the chosen term.

You have the right to terminate your Account at any time, and we reserve the right to terminate your Account as outlined in section 6 below. These terms and conditions apply as long as you have an Account on our Site, regardless of the type of Account you have at any given time.

Please note that this section does not affect your consumer rights regarding the cancellation or withdrawal of your Account. For more details, please refer to section 7 below.

At the end of the Term, the content will be accessible to you until you terminate your Account. However, if you choose to terminate your Account, including the content, everything will be deleted as specified in section 6.b below.

Section 6 - Suspension and Termination of the Account

We reserve the right to suspend your Account if you provide false, inaccurate, outdated, or incomplete information during the Account creation process, or if you fail to comply with these Terms and Conditions or any applicable legal requirements. We also have the right to modify, prevent access to, delete, or refuse to host, display, or make available any content that is believed to violate the law or these Terms and Conditions. We will notify you in advance of our intention to take action against such content, unless it poses an immediate liability risk or requires immediate action to protect others. You will be given a reasonable amount of time to respond and take necessary actions to address the issue. We may terminate your Account if you fail to rectify a breach of these Terms and Conditions within ten (10) calendar days from the date of notification. Account termination may result in data loss.

Furthermore, we reserve the right to terminate your Account without prior notice if you, as a free plan user, do not access your Account for a continuous period of 12 months. This termination is aimed at ensuring active usage of the Site and maintaining its fast and efficient operation.

Finally, we may terminate your Account if you object to the appointment of any sub-processor, as outlined in our Privacy Policy. Please be aware that in all these cases, you may lose any information stored in your Account, including surveys and responses.

b) Termination by You

You have the right to terminate your Account at any time by using the account termination option. If you choose to terminate your Account, you may still have access to the Site, but you will no longer have access to the Services, features, and content available to Account holders. Please note that this may result in data loss.

Section 7 - Subscription Cancellation - Right of Withdrawal

Upon completing the signup process and creating your Account, the Services will be available to you. By creating your Account and expressly requesting the Services, you waive any applicable right of withdrawal, if applicable.

Section 8 - Social Media and Third-Party Platforms

The Company may provide functionality that allows you to access and share content on social media and third-party platforms regarding your activities using our Services. If you choose to utilize this functionality, the following may occur:

a) We may have access to certain information that you make available through the respective social media or third-party platforms, provided that such data has been made accessible to us in accordance with the terms, conditions, and privacy policies established by those third parties.

b) We may post status messages, notes, photos, videos, and other materials on your behalf to the relevant social media or third-party platforms.

By connecting your Account with your social media or third-party platform account, and subject to the terms, conditions, and privacy policies of the respective third parties, you grant us permission to access and utilize the information you make available through those platforms. To manage the information you provide to us, please review the privacy settings applicable to your social media or third-party platform accounts.

We are not responsible for the contents, products, or services of social media or third-party platforms. We have no obligation to review their contents, services, or products. It is your responsibility to review all terms of use, policies, and guidelines set forth by these platforms from time to time. You agree to assume sole responsibility and liability for any claims that may arise from sharing or posting content on or engaging in activities on social media or third-party platforms.

Section 9 - Representations and Warranties. Disclaimer of Warranties and Damages

In addition to any other representations and warranties provided in these Terms, both parties warrant and represent that they have the full authority and power to enter into these Terms, and that all necessary approvals, consents, and permissions have been obtained. Furthermore, you warrant and represent that:

(i) You will use the Services in accordance with the provisions of these Terms and any reasonable instructions provided by the Company or its authorized representatives.

(ii) Any content or data used in connection with the Services will be uploaded, processed, or used in compliance with applicable laws, regulations, directives, and requirements in the fields of privacy, intellectual property, and image rights. You will obtain any necessary approvals, authorizations, or licenses for such content or data.

(iii) You will provide reasonable cooperation if the Company requires evidence to demonstrate compliance with the mentioned requirements or consents before competent authorities and/or courts.

To the maximum extent permitted by applicable law, the Site and the Services are provided on an "as is," "with all faults," and "as available" basis. You assume all risks associated with the use and performance of the Site and Services. The Company disclaims any representations, warranties, or conditions, whether express, implied, or statutory, including:

(i) Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(ii) Any guarantees that the Services and the Site will be available or provided without interruption, errors, delays, or security breaches, or that they will be free from viruses, worms, or other harmful components.

You may have additional rights under local laws that cannot be overridden by these Terms. In such cases, the liability of the Company is limited in accordance with and to the extent permissible under the applicable local laws.

Section 10 - Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including but not limited to damages for loss of data, revenue, profits, goodwill, or other intangible losses arising from or related to these Terms, your Account, or the Services. This limitation applies to all claims, whether based on contract, tort (including negligence and statutory duty), or any other legal theory.

Subject to the provisions in Sections 9 and 10 above, the maximum aggregate liability of the Company to you under these Terms, whether in contract, tort, or otherwise, will not exceed the total amount equivalent to the fees paid to the Company during the last twelve (12) months preceding the date on which the damage occurred.

Please note that limitation and exclusion of liability and warranties may be restricted in certain jurisdictions. If any provision in Sections 9, 10, and 11 cannot be enforced, is deemed void or illegal, it shall be interpreted and enforced to the extent necessary to limit the scope, duration, and/or extent of the liability or warranty provision. Nothing in these Terms shall be construed to limit or exclude your liability for amounts owed that exceed any liability caps stated herein.

Section 11 - Indemnification

You agree to defend, indemnify, and hold the Company harmless from any and all losses, settlements, damages, liabilities, judgments, obligations, fines or sanctions, costs, and expenses (including reasonable attorney's fees) (collectively referred to as "Losses"), arising from any claim, proceeding, demand, suit, or action (collectively referred to as "Actions") brought by a third party, relating to (a) your use of the the Company’s website or the Services, and any activities conducted under your Account; (b) any violation of these Terms and Conditions; or (c) your infringement upon the rights of any other party or violation of applicable laws.

Section 12 - Modifications to the Service and the Prices

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 13 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 14 - Contact Information

Questions about the Terms of Service should be sent to us at hello@buildai.space.