Terms of Service

Last updated: June 4, 2026

1. Introduction

This Terms of Service Agreement ("Agreement," "Terms," or "Terms of Service") is entered into by and between you, the customer, user, visitor, subscriber, purchaser, account holder, or person accessing or using the services ("Customer," "User," "you," or "your") and Buildy, Inc. ("Buildy," "Buildy.ai," "we," "us," or "our").

These Terms govern your access to and use of the Buildy website, software, platform, tools, products, memberships, subscriptions, trainings, services, communications, content, and any other products or services made available by Buildy, including those available through the Buildy.ai website and related domains, applications, or member areas (collectively, the "Services").

By using the Site or Services, creating an account, purchasing a product or service, selecting a subscription, accessing any member area, participating in any program, or permitting someone else to use your account, you acknowledge and agree that:

  • You have read and understood these Terms;
  • You agree to be bound by these Terms;
  • You agree to our Privacy Policy;
  • You agree to comply with all applicable laws and regulations;
  • You have authority to enter into this Agreement;
  • You are of legal age to enter into this Agreement; and
  • Your use of the Services is subject to these Terms and any additional rules, policies, pricing, offer terms, refund terms, or service-specific terms published by Buildy.

When you use your account, or permit another person to use your account, to purchase, access, modify, upgrade, downgrade, cancel, or otherwise acquire any additional product or service, these Terms apply to that service or action, whether or not we were specifically notified of that authorization.

Any acceptance of your application, order, purchase, subscription, account registration, or use of the Services, and any performance of the Services by Buildy, will be deemed to occur at Buildy's principal place of business.

2. Services

Buildy offers software, information, training, tools, AI-powered services, business-building resources, marketing tools, websites, funnels, automations, content generation, hosting-related services, domain-related services, AI agents, and other services that may assist you in starting, building, operating, marketing, or growing a business online.

The Services may include, without limitation:

  • Business idea development;
  • Market research;
  • Niche selection;
  • Offer creation;
  • Website and funnel generation;
  • Content generation;
  • Email, CRM, and marketing automation tools;
  • AI voice agents or communication tools;
  • Business phone, domain, hosting, or infrastructure-related services;
  • Training, coaching, templates, documents, and related materials;
  • Third-party tools, links, integrations, and recommendations;
  • Done-for-you, done-with-you, or software-assisted services; and
  • Other business, marketing, technical, or educational services.

The Services and information provided through Buildy are provided on an "as is" and "as available" basis. Buildy does not represent or warrant the truth, accuracy, completeness, usefulness, reliability, performance, or results of any information, output, recommendation, generated content, business idea, marketing strategy, technical implementation, third-party service, or other material provided through the Services.

You are solely responsible for evaluating, reviewing, testing, approving, publishing, using, and relying upon any information, content, output, business assets, or recommendations provided through the Services.

3. Affiliate Links, Product Reviews, and Compensated Links

Buildy may link to third-party products, services, websites, platforms, tools, applications, offers, or resources. Some of these links may be affiliate links or compensated links.

We may receive compensation when you click those links, sign up for third-party services, purchase products or services, or otherwise interact with third-party offers. From time to time, we may also publish product reviews, opinions, recommendations, comparisons, or descriptions of third-party products or services. We may be compensated for these reviews, opinions, recommendations, promotions, links, or placements.

You understand that third-party products and services are provided by third parties and not by Buildy. Buildy is not responsible for third-party claims, representations, performance, warranties, pricing, policies, terms, results, failures, errors, omissions, refunds, support, data handling, billing, or conduct.

4. Account Registration, Access, and Authority

To use some or all of the Services, you may be required to create an account, provide registration information, select a subscription, provide payment information, or otherwise complete an application or onboarding process.

You agree that all information you provide to Buildy, directly or through an agent, employee, contractor, representative, assistant, or other authorized person, will be accurate, current, and complete.

You agree to keep your account information, login credentials, billing information, contact information, and other required information accurate and current at all times.

You are responsible for all activity that occurs under your account, whether authorized by you or not. You agree to safeguard your username, password, account credentials, and access credentials from unauthorized use.

In no event will Buildy be liable for the unauthorized use or misuse of your account name, password, account credentials, payment credentials, or any action taken through your account.

5. License to Use the Services

Subject to these Terms, Buildy grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services.

This license may include the right to use certain Services for personal or commercial purposes, subject to your subscription plan, payment status, service level, offer terms, and these Terms.

This license does not transfer ownership of Buildy's software, platform, intellectual property, systems, designs, workflows, methods, technology, prompts, templates, code, processes, brand assets, documentation, member area, training materials, or proprietary content to you.

Buildy may suspend, limit, revoke, downgrade, or terminate this license at any time as permitted by these Terms, including for non-payment, breach, misuse, abuse, chargeback, suspected fraud, prohibited conduct, or any other reason Buildy determines in its sole discretion.

6. Fees and Payment

As consideration for the Services you select, purchase, subscribe to, access, or use, you agree to pay Buildy the applicable fees set forth on the website, checkout page, order form, sales page, invoice, subscription page, or other applicable offer materials at the time of your selection.

You agree to keep your credit card, payment method, billing information, and account information accurate and current with Buildy at all times.

Unless specifically stated otherwise in the applicable offer terms, all fees are due immediately upon registration, purchase, subscription, renewal, upgrade, or other selection of Services, and all fees are non-refundable.

Buildy may take all remedies available to collect fees owed. You agree that Buildy may recover from you all costs and expenses incurred in collecting unpaid amounts, including reasonable attorneys' fees, collection costs, chargeback fees, administrative costs, and other expenses.

In the event of non-payment, failed payment, payment reversal, disputed payment, chargeback, declined card, expired payment method, or payment provider issue, Buildy may, in its sole discretion and in addition to any other remedies available:

  • Suspend your account;
  • Downgrade your account;
  • Limit access to some or all Services;
  • Disable publishing, hosting, domain, CRM, email, automation, AI, phone, or other features;
  • Terminate your account;
  • Remove access to member areas, trainings, templates, software, or support;
  • Cancel your subscription;
  • Refuse future service;
  • Delete, disable, unpublish, or restrict access to your projects or assets; and/or
  • Pursue collection of amounts owed.

7. Term of Service and Automatic Renewal

Unless otherwise specified, each Buildy subscription, membership, software plan, hosting-related service, domain-related service, program, or recurring service is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate the service.

You may cancel a recurring service through your Buildy account, billing portal, support process, or any other cancellation method made available by Buildy.

Any renewal of your Services with Buildy is subject to Buildy's then-current terms, conditions, pricing, plan limits, policies, and payment of all applicable service fees at the time of renewal.

Cancellation does not entitle you to a refund of fees already paid unless a specific refund policy published by Buildy expressly provides otherwise.

8. Automatic Downgrades

Your Services may include mission-critical business functions, including websites, hosting, domains, email services, funnels, CRM tools, automations, forms, phone services, AI agents, content, customer data, marketing assets, or other infrastructure you may use to operate your business.

To help ensure continuity of your business, Buildy may automatically downgrade your account to a lower-level plan if your recurring payment fails, your payment method expires, your subscription becomes delinquent, or your account otherwise falls out of good standing.

For example, if you signed up for a higher-level website, funnel, AI, hosting, or business platform plan and your payment failed, Buildy may downgrade your account to a lower-level plan so that some Services may remain active. You may be able to upgrade back to a higher-level plan later, subject to availability, payment, account status, and Buildy's then-current terms.

Buildy is not obligated to downgrade your account and may instead suspend, restrict, or terminate your Services.

9. Third-Party Information

You represent and warrant that you have provided notice to, and obtained consent from, any third-party individuals whose personal data, contact information, business information, customer information, lead information, phone numbers, email addresses, or other information you supply, import, upload, enter, submit, transmit, or otherwise provide to Buildy or the Services.

This includes notice and consent regarding:

  • The purposes for which the third party's personal data has been collected;
  • The intended recipients or categories of recipients of the third party's personal data;
  • Which parts of the third party's data are obligatory and which parts, if any, are voluntary;
  • How the third party can access and, if necessary, rectify the third party's personal data; and
  • Any communications, automations, marketing messages, AI calls, emails, SMS messages, or other outreach you initiate or enable through the Services.

You further agree to provide such notice and obtain such consent with regard to any third-party personal data you supply to Buildy in the future.

Buildy is not responsible for any consequences resulting from your failure to provide notice, failure to receive consent, failure to comply with applicable rules, or your providing outdated, incomplete, unauthorized, unlawful, or inaccurate information.

10. Modifications to Agreement and Services

Except as otherwise provided in this Agreement, you agree that Buildy may revise these Terms and/or change, modify, suspend, discontinue, replace, limit, expand, upgrade, downgrade, or otherwise alter the Services at any time.

Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the Services is posted on the Buildy website, inside the Buildy platform, or otherwise made available by Buildy.

You agree to periodically review the Buildy website, the Buildy platform, and the current version of these Terms to be aware of any revisions.

If you do not agree with any revision to the Agreement or change to the Services, you may terminate this Agreement by canceling your account or discontinuing use of the Services. Any fees paid by you prior to termination are non-refundable unless a specific refund policy expressly provides otherwise, but you will not incur additional recurring fees after proper cancellation of your recurring subscription.

By continuing to use the Services ten (10) calendar days after any revision to this Agreement or change in Services is posted or made available, you agree to abide by and be bound by such revisions or changes.

Buildy is not bound by, and you may not rely on, any representation concerning this Agreement or the Services made by:

  • Any agent, representative, employee, contractor, affiliate, partner, reseller, or third party that you may use to apply for, purchase, access, or evaluate the Services; or
  • Information posted on the website, inside the platform, in marketing materials, in training materials, or elsewhere that is of a general informational nature.

No employee, contractor, agent, representative, affiliate, reseller, partner, or other person associated with Buildy is authorized to alter, waive, or amend these Terms unless the amendment is in a written agreement signed by an authorized officer of Buildy.

11. Modifications to Your Account

In order to change account information, billing information, subscription information, project information, domain information, or other account settings, you may be required to use the account name, email address, password, login credential, authentication method, or other process associated with your Buildy account.

You are responsible for safeguarding this information from unauthorized use.

Buildy will not be liable for the unauthorized use or misuse of your account name, password, payment method, authentication method, or other account credentials.

12. Refunds and Guarantees

Buildy may offer a variety of products, services, subscriptions, memberships, software plans, live events, trainings, challenges, workshops, programs, and other offers through the Buildy website, Buildy platform, member area, sales pages, checkout pages, webinars, promotions, or other channels.

Many products and services may have unique refund, cancellation, trial, rebate, guarantee, or qualification policies. You should refer to the original sales materials, checkout page, offer terms, or written policy applicable to the specific product or service you purchased.

These Terms qualify and apply to any individual product or service refund or guarantee policy.

Unless a specific refund policy expressly states otherwise, all fees are non-refundable.

Buildy follows a one refund per customer policy. This one refund per customer policy applies to all purchases, subscriptions, services, programs, and customers. When a Buildy member or customer has received a refund on one product or service, that customer is not eligible to receive another refund on any other product or service purchased through Buildy, unless Buildy expressly agrees otherwise in writing.

Refunds, rebates, credits, cancellations, or exceptions are at Buildy's discretion unless expressly required by a specific written offer term.

13. Domain Names, Hosting, and Business Infrastructure Acquired Through the Services

If you choose to register, purchase, connect, use, or acquire a domain name, website, hosting service, phone number, email service, funnel, CRM, automation, AI agent, database, or other business infrastructure through or in connection with the Services, that service may be directly tied to your monthly subscription fees, account status, plan level, payment status, and continued use of Buildy.

If you cancel, refund, fail to pay for, charge back, downgrade, or otherwise terminate your Services, any domain name, hosting service, website, funnel, email service, phone number, CRM, automation, AI agent, or related infrastructure may be suspended, disabled, unpublished, disconnected, released, deleted, dropped, or otherwise made unavailable.

If a domain name is registered through or tied to Buildy Services and you cancel or refund your Services, the domain name may be considered dropped and eligible for re-registration or purchase after thirty (30) days, unless otherwise stated by Buildy in writing.

Buildy is not responsible for loss of domains, rankings, traffic, customers, data, leads, revenue, business opportunities, email deliverability, search visibility, social media visibility, integrations, automations, or other business impact resulting from cancellation, non-payment, failed payment, refund, chargeback, downgrade, termination, or failure to maintain required services.

14. Prohibited Conduct

You agree that you will use the Services only for lawful purposes.

You agree not to use the Services to:

  • Violate any law, regulation, rule, or third-party right;
  • Upload, submit, transmit, publish, or distribute unlawful, fraudulent, misleading, defamatory, abusive, harassing, obscene, infringing, harmful, or otherwise objectionable material;
  • Send spam, unlawful marketing messages, unauthorized emails, unauthorized SMS messages, robocalls, or other prohibited communications;
  • Use the Services in a way that violates the rights of any third party;
  • Provide false, misleading, outdated, incomplete, or unauthorized information;
  • Attempt to gain unauthorized access to Buildy systems, accounts, data, infrastructure, or networks;
  • Reverse engineer, copy, clone, scrape, extract, decompile, disassemble, reproduce, duplicate, resell, or exploit the Services, software, platform, internal site structure, member area, workflows, systems, prompts, processes, templates, user interface, or proprietary materials;
  • Interfere with, disrupt, overload, damage, disable, impair, or compromise the Services;
  • Use the Services to create, promote, or operate unlawful, deceptive, abusive, infringing, or prohibited businesses;
  • Misrepresent your relationship with Buildy;
  • Use Buildy's name, brand, logos, screenshots, internal platform, member area, training materials, or proprietary content without permission;
  • Share login credentials, member-only content, paid materials, training materials, software access, or internal platform access with unauthorized persons;
  • Use the Services for any purpose prohibited by Buildy's then-current policies.

It is also a violation of these Terms to record, photograph, screenshot, video record, reproduce, publish, distribute, display, share, disclose, or otherwise make available the internal site structure, member area, software interface, training area, private content, customer-only content, or platform structure of Buildy to non-members or unauthorized persons.

If any videos, images, screenshots, recordings, copies, posts, files, or other materials exist in violation of this section, you are immediately required to remove them offline and from any websites, servers, social media accounts, storage accounts, public locations, private groups, or other locations where they are available.

15. Notices, Announcements, SMS Messages, and Communications

You authorize Buildy to notify you of information that Buildy deems to be of potential interest to you.

Notices and announcements may include commercial emails, transactional emails, service notices, product updates, upgrade notices, billing notices, renewal notices, SMS messages, calls, AI-assisted communications, support messages, account messages, marketing messages, and other notices describing changes, upgrades, new products, services, account information, billing information, relevant opportunities, or other matters.

If you opt in to receive SMS messages from Buildy, you can cancel the SMS service at any time by texting "STOP" to the phone number from which you received the messages, or to any other number Buildy designates for SMS opt-out. After you send the SMS message "STOP," Buildy may send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that SMS program unless you opt in again.

If you want to join again, you may sign up as you did the first time, and Buildy may resume sending SMS messages to you.

If you are experiencing issues with the messaging program, you may reply with the keyword "HELP" for more assistance, or you may contact Buildy support.

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from Buildy and to Buildy from you. Message frequency may vary depending on your interactions with the website, platform, account, or Services. Standard message and data rates may apply. If you have questions about your text plan or data plan, you should contact your wireless provider.

By opting in to receive SMS messages from Buildy, you confirm that you are at least eighteen (18) years old or the age of majority in your jurisdiction. Buildy's SMS program is not intended for minors. If you are under eighteen (18), do not provide your mobile number or opt in to receive text messages. If Buildy learns that a subscriber is under eighteen (18), Buildy may cancel that subscription and delete the number from the messaging list.

Your use of the Services, including the SMS program, is subject to Buildy's Privacy Policy.

16. Intellectual Property Rights

Our Rights

Buildy owns and retains all rights, title, and interest in and to the Buildy platform, Services, Site, software, systems, tools, content, technology, processes, designs, training materials, documentation, and intellectual property.

This includes, without limitation:

Brand Elements

  • The "Buildy" name and brand;
  • The "Buildy.ai" name;
  • Buildy domains and related domains or variants;
  • Buildy logos, icons, designs, mascots, and visual elements;
  • Buildy marketing materials;
  • Buildy website content;
  • Buildy sales materials;
  • Buildy videos, trainings, images, designs, and promotional content.

Platform Elements

  • The Site architecture and design;
  • The Buildy platform and interface;
  • All platform features and functionality;
  • Proprietary algorithms, agents, systems, workflows, prompts, processes, and methods;
  • User interface and user experience design;
  • Documentation and supporting materials;
  • Software, code, technical systems, and related technology;
  • AI workflows, business-building flows, automations, and operating systems.

Website and Content Elements

  • Text, graphics, media, and content on the Buildy website;
  • Blog posts, documentation, guides, trainings, and help materials;
  • Marketing materials and promotional content;
  • Interface elements and design components;
  • Templates, examples, prompts, worksheets, and frameworks;
  • Member area materials, videos, recordings, documents, and resources.

These elements are protected by copyright, trademark, trade dress, patent laws, trade secret laws, and other intellectual property rights.

You may not copy, reproduce, distribute, modify, display, sell, lease, license, reverse engineer, create derivative works from, or exploit any Buildy intellectual property except as expressly permitted by Buildy in writing or through the Services.

17. Customer Content, Generated Assets, and Responsibility for Use

You may submit, upload, import, enter, provide, generate, publish, or otherwise use business ideas, prompts, documents, text, images, videos, audio, customer data, lead data, contact data, business information, product information, brand information, domain information, website content, marketing content, and other materials through the Services ("Customer Content").

You are solely responsible for all Customer Content and for all websites, funnels, automations, emails, SMS messages, calls, AI voice agent interactions, content, offers, businesses, claims, products, services, promotions, ads, and other materials created, generated, published, sent, or used through the Services.

By submitting or using Customer Content with the Services, you grant Buildy a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, copy, process, transmit, display, modify, create derivative works from, use, and otherwise handle Customer Content as necessary or useful to provide, maintain, support, secure, improve, develop, market, and operate the Services.

You represent and warrant that you have all rights, permissions, consents, licenses, and authority necessary to provide Customer Content to Buildy and to use the Services in connection with that Customer Content.

Buildy does not guarantee that any generated content, generated code, website, funnel, business idea, offer, email, social media post, ad, phone script, AI agent, legal page, privacy policy, terms page, marketing claim, income claim, compliance statement, or other output is accurate, complete, legal, compliant, non-infringing, original, effective, profitable, or suitable for your intended purpose.

You are responsible for reviewing, editing, approving, testing, verifying, and deciding whether to use any output generated by the Services.

18. Third-Party Platforms, Tools, Links, and Integrations

The Services may include links, integrations, APIs, recommendations, connections, or functionality involving third-party platforms, tools, websites, apps, software, payment processors, domain registrars, hosting providers, communication providers, email providers, CRM tools, ad platforms, social platforms, AI providers, analytics tools, or other third-party services.

Buildy does not control third-party services and is not responsible for their availability, terms, policies, pricing, restrictions, content, data practices, billing, errors, downtime, decisions, account suspensions, or performance.

Your use of third-party services may be subject to the terms, policies, and fees of those third parties.

Buildy is not responsible for any loss, liability, damages, interruption, failure, account suspension, data issue, billing issue, compliance issue, deliverability issue, or other consequence arising from or related to third-party services.

19. Limitation of Liability

To the extent permitted at law, Buildy and its partners, contractors, agents, employees, officers, directors, shareholders, members, affiliates, successors, assigns, vendors, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages resulting from your use of, or inability to use, the Services, or for the cost of procurement of substitute services.

Buildy disclaims any and all loss or liability resulting from, including but not limited to:

  • Third-party claims arising from or based on your use of the Services;
  • Access delays or access interruptions;
  • Data non-delivery or data mis-delivery;
  • Acts of God, natural disasters, emergencies, outages, labor issues, wars, terrorism, civil unrest, or other events beyond Buildy's control;
  • Unauthorized use or misuse of your account name, password, payment method, account credentials, or authentication method;
  • Errors, omissions, inaccuracies, misstatements, hallucinations, technical issues, or other problems in any information, output, or Services provided under this Agreement;
  • Deletion of, loss of, corruption of, or failure to store data of any kind;
  • Development, interruption, suspension, unpublishing, disabling, loss, deletion, or malfunction of your website, funnel, app, domain, CRM, email, automation, phone number, AI agent, business asset, or other project;
  • Your use of AI-generated, software-generated, or Buildy-generated outputs;
  • Your reliance on business, marketing, technical, financial, legal, tax, or other information;
  • Third-party tools, links, integrations, APIs, providers, platforms, or services;
  • Buildy's processing of your application, order, account, subscription, authorized modification, cancellation, downgrade, upgrade, domain, payment, refund, chargeback, or service request;
  • Your failure, or the failure of your agents, employees, contractors, assistants, representatives, customers, vendors, or third parties, to pay fees, renewal fees, hosting fees, domain fees, subscription fees, re-registration fees, or other charges.

You agree that Buildy's entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement, and/or for any breach of this Agreement, is solely limited to the amount you paid to Buildy for the specific Service giving rise to the claim.

20. Indemnity

You agree to release, indemnify, defend, and hold Buildy, its partners, contractors, agents, employees, officers, directors, shareholders, members, affiliates, successors, assigns, vendors, licensors, and service providers harmless from and against all liabilities, claims, demands, damages, losses, costs, expenses, judgments, settlements, penalties, and fees, including reasonable attorneys' fees and expenses, relating to or arising from:

  • Your use of the Services;
  • Your Customer Content;
  • Your websites, funnels, automations, emails, SMS messages, calls, AI agents, marketing, advertising, offers, products, services, or business activities;
  • Your breach of these Terms;
  • Your violation of any law, regulation, rule, policy, or third-party right;
  • Your use of third-party information or third-party personal data;
  • Your failure to obtain required consent, permission, authorization, or approval;
  • Your payment dispute, chargeback, cancellation, failed payment, or non-payment;
  • Any claim arising from or related to Services provided under this Agreement.

If Buildy is threatened with suit or sued by a third party, Buildy may seek written assurances from you concerning your promise to indemnify Buildy. Your failure to provide those assurances may be considered by Buildy to be a material breach of this Agreement.

In addition, if Buildy is made a party to any claim, suit, action, demand, investigation, inquiry, or proceeding by you that is unsuccessful, or by a third party in each case relating to or arising from the Services provided under this Agreement, you will reimburse Buildy, at a reasonable rate, for all personnel time and expenses expended by Buildy in response to such claim, suit, action, demand, investigation, inquiry, or proceeding, including without limitation all attorneys' fees and expenses incurred by Buildy.

21. Breach

You agree that your failure to abide by any provision of this Agreement, any Buildy operating rule, policy, payment requirement, service rule, usage policy, dispute policy, refund policy, or other published requirement may be considered by Buildy to be a material breach of this Agreement.

In the event of breach, Buildy may, in its sole discretion, elect to suspend, restrict, downgrade, cancel, or terminate the Services without further notice to you.

Buildy will not refund any fees paid by you prior to termination of your Agreement due to your breach.

Any breach by you will not be deemed excused simply because Buildy did not act earlier in response to that breach or any other breach by you.

22. Representations and Warranties

You represent and warrant that:

  • The information that you or your agent provide to Buildy during registration, purchase, onboarding, subscription, or use of the Services is accurate and complete;
  • Any future changes to that information will be provided to Buildy in a timely manner;
  • You have all requisite power and authority to execute this Agreement and perform your obligations under it;
  • You are of legal age to enter into this Agreement;
  • You have all rights, permissions, licenses, consents, and authority necessary to provide Customer Content and third-party information to Buildy;
  • Your use of the Services will comply with these Terms and all applicable laws, regulations, and third-party rights.

23. Release

You release Buildy, its partners, contractors, agents, employees, officers, directors, shareholders, members, affiliates, successors, assigns, vendors, licensors, and service providers from claims, demands, liabilities, losses, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:

  • The Services;
  • Your use of or inability to use the Services;
  • Any information, output, content, recommendation, website, funnel, automation, AI agent, business asset, or other material created through the Services;
  • Your account or the use of your account by another person;
  • Your interactions, communications, agreements, transactions, or disputes with third parties;
  • Third-party products, services, platforms, integrations, providers, vendors, contractors, customers, leads, or users;
  • The suspension, limitation, downgrade, cancellation, or termination of your account or Services;
  • The loss, deletion, disabling, unpublishing, expiration, or interruption of any domain, website, funnel, email account, phone number, AI agent, data, content, project, integration, or other business asset;
  • Any business, financial, technical, marketing, legal, tax, compliance, or other result arising from your use of the Services.

If you are a California resident, you expressly waive California Civil Code Section 1542, which states:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party."

You also waive any similar law, rule, statute, regulation, or legal principle of any other jurisdiction that limits the scope of a general release.

24. Disclaimer of Warranties

You agree that your use of the Services is solely at your own risk.

All Services are provided on an "as is" and "as available" basis.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, GUARANTEES, PROMISES, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF:

  • MERCHANTABILITY;
  • MERCHANTABLE QUALITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • RELIABILITY;
  • AVAILABILITY;
  • SECURITY;
  • PERFORMANCE;
  • PROFITABILITY;
  • BUSINESS SUCCESS;
  • RESULTS;
  • QUIET ENJOYMENT;
  • DATA RETENTION;
  • SYSTEM INTEGRATION;
  • FREEDOM FROM ERRORS, VIRUSES, DEFECTS, OR HARMFUL COMPONENTS.

BUILDY MAKES NO WARRANTY OR REPRESENTATION THAT:

  • THE SERVICES WILL MEET YOUR NEEDS, EXPECTATIONS, REQUIREMENTS, OR INTENDED PURPOSES;
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE;
  • DEFECTS, ERRORS, OR ISSUES WILL BE IDENTIFIED OR CORRECTED;
  • ANY CONTENT, CODE, WEBSITE, FUNNEL, AUTOMATION, AI AGENT, BUSINESS IDEA, MARKETING MATERIAL, OR OTHER OUTPUT WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, EFFECTIVE, COMPLIANT, OR SUITABLE FOR YOUR PURPOSES;
  • ANY PARTICULAR BUSINESS, MARKETING, FINANCIAL, TECHNICAL, TRAFFIC, SALES, PROFIT, REVENUE, CUSTOMER, LEAD, CONVERSION, OR OTHER RESULT WILL BE ACHIEVED;
  • INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE;
  • ANY WEBSITE, DOMAIN, PHONE NUMBER, EMAIL SERVICE, AUTOMATION, INTEGRATION, THIRD-PARTY SERVICE, OR BUSINESS ASSET WILL REMAIN AVAILABLE;
  • THE SERVICES WILL BE COMPATIBLE WITH EVERY THIRD-PARTY PLATFORM, PRODUCT, SERVICE, SOFTWARE, DEVICE, OR SYSTEM.

You understand and agree that any material, information, code, content, data, document, file, output, or other item downloaded, generated, received, or otherwise obtained through the Services is obtained and used at your own discretion and risk.

You are solely responsible for any damage to your computer system, device, network, website, business, reputation, account, data, or other property, and for any loss of data, customers, leads, revenue, profits, traffic, rankings, goodwill, business opportunities, or other losses resulting from your use of the Services.

Buildy makes no warranty or representation regarding any goods, services, opportunities, businesses, products, subscriptions, tools, platforms, or transactions purchased, obtained, created, launched, marketed, sold, or entered into through or in connection with the Services.

No advice, information, statement, assistance, recommendation, representation, or communication, whether oral or written, obtained by you from Buildy or through the Services will create any condition, guarantee, representation, or warranty not expressly stated in these Terms.

To the extent a jurisdiction does not permit the exclusion of certain warranties, some of the exclusions above may not apply to you. In that event, Buildy's warranties and liability will be limited to the maximum extent permitted by applicable law.

25. Buildy's Right to Modify or Terminate Services

Buildy reserves the right to modify, replace, limit, suspend, discontinue, or terminate any Service, product, feature, subscription, plan, account, program, website, member area, tool, integration, or offering at any time, with or without notice to you.

Buildy may exercise this right regarding one customer, a category of customers, a particular Service, or all customers and Services.

Buildy is not required to continue offering any particular Service, plan, price, feature, integration, tool, product, training, benefit, or functionality.

In the event Buildy terminates a paid Service before the end of a prepaid service period for reasons unrelated to your breach, non-payment, chargeback, misuse, prohibited conduct, or violation of these Terms, your sole remedy will be to request a refund for any amounts paid directly to Buildy for the portion of the specific Service that was not completed or provided.

If a Service was partially completed or provided, any refund approved by Buildy may be limited to a prorated portion of the applicable fee attributable to the uncompleted portion of the Service.

No refund will be due for:

  • Services already provided;
  • Time periods during which the Services were available to you;
  • Subscription periods already begun or completed;
  • Usage-based charges;
  • Third-party charges;
  • Domain registrations;
  • Setup, onboarding, implementation, administrative, processing, or service fees;
  • Services terminated due to your breach, non-payment, chargeback, prohibited conduct, or misuse;
  • Any amount not expressly approved for refund by Buildy.

26. Severability

You agree that the terms and provisions of this Agreement are severable.

If any term or provision of this Agreement is declared invalid, unlawful, void, or unenforceable, that term or provision will be construed, modified, or limited consistent with applicable law as nearly as possible to reflect the original intentions of the parties.

The invalidity or unenforceability of any term or provision will not affect the validity or enforceability of any other term or provision. All remaining terms and provisions will remain in full force and effect.

27. Entire Agreement

You agree that this Agreement, the Buildy Privacy Policy, any applicable order form, checkout terms, offer terms, subscription terms, refund policy, service-specific terms, and other policies expressly incorporated into this Agreement constitute the complete and exclusive agreement between you and Buildy regarding the Services.

This Agreement supersedes all prior or contemporaneous agreements, communications, discussions, proposals, promises, representations, warranties, understandings, practices, policies, or arrangements, whether oral or written, relating to the Services.

You may not rely upon any statement, promise, representation, guarantee, projection, advertisement, testimonial, sales presentation, webinar, video, social media post, demonstration, communication, or other material that is not expressly included in this Agreement or in written terms issued by an authorized officer of Buildy.

By using the Services, you acknowledge that you have read, understood, and agreed to the Buildy Privacy Policy.

28. Non-Assignment

Your rights, licenses, subscriptions, memberships, accounts, benefits, and obligations under this Agreement are personal to you and are not assignable or transferable without Buildy's prior written consent.

Any attempted assignment, transfer, sale, sublicense, delegation, sharing, or other disposition of your rights or obligations under this Agreement without Buildy's prior written consent will render this Agreement voidable at Buildy's option.

Any attempt by your creditors or any other party to obtain an interest in your rights under this Agreement, whether by attachment, garnishment, levy, assignment, bankruptcy proceeding, operation of law, or otherwise, will render this Agreement voidable at Buildy's option.

Buildy may assign, transfer, delegate, sell, or otherwise dispose of any or all of its rights or obligations under this Agreement without your consent and without notice to you.

29. Governing Law and Venue

You agree that this Agreement and any dispute, claim, action, lawsuit, proceeding, or controversy arising from or relating to this Agreement, the Site, the Services, your account, or your relationship with Buildy will be governed in all respects by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws rules.

You and Buildy each submit to the exclusive subject-matter jurisdiction, personal jurisdiction, and venue of the state and federal courts located in the State of Delaware.

You agree that any action, suit, application, claim, or proceeding arising from or relating to this Agreement, the Site, the Services, your account, or your relationship with Buildy will be brought and heard exclusively in the State of Delaware.

You waive any objection to jurisdiction, venue, or inconvenient forum in those courts.

30. Agreement to Be Bound

By visiting or using the Site, creating an account, applying for Services, purchasing Services, subscribing to Services, accessing the Buildy platform, using the Services, or allowing another person to use your account, you acknowledge that you have read, understood, and agree to be bound by:

  • All terms and conditions of this Agreement;
  • The Buildy Privacy Policy;
  • All applicable payment, subscription, refund, and cancellation terms;
  • All applicable service-specific terms;
  • Any rules, policies, requirements, restrictions, or procedures that are or may be published or made available by Buildy.

Your continued use of the Services constitutes your continued acceptance of this Agreement and all applicable Buildy rules and policies.

31. Case Study Rebate

Case Study Rebates are available only for select programs, purchases, offers, customers, and Services specifically designated by Buildy as eligible for a Case Study Rebate.

The availability of a Case Study Rebate for one program, product, Service, customer, or purchase does not make any other program, product, Service, customer, or purchase eligible.

You should refer to the specific written program or offer details to determine whether your purchase is eligible.

Qualification Requirements

To qualify for a Case Study Rebate, all requirements established by Buildy must be fully and timely completed.

Unless Buildy states otherwise in writing, qualification requirements include:

  • You must use the applicable program or Services as directed;
  • You must achieve a successful and profitable business, website, project, campaign, or other result using the applicable program or Services;
  • You must be current on all payments and remain in good standing with Buildy;
  • You must not have requested or received a refund, initiated a chargeback, disputed a payment, or breached these Terms;
  • You must submit a video testimonial in the format and manner requested by Buildy;
  • You must provide verifiable proof of your results, including any screenshots, account records, revenue records, traffic metrics, sales information, customer information, analytics, or other documentation requested by Buildy;
  • You must cooperate with Buildy's support, marketing, and case study teams;
  • You must participate in a recorded interview, Zoom call, video call, or other recording session at the date and time requested or approved by Buildy;
  • You must provide accurate, complete, and truthful information;
  • You must complete any releases, permissions, disclosures, questionnaires, verification processes, or other documentation requested by Buildy;
  • You must permit Buildy to create, edit, publish, distribute, advertise, promote, and otherwise use the resulting testimonial and case study.

Buildy may require additional evidence, verification, interviews, documentation, cooperation, or other steps before approving a Case Study Rebate.

Testimonial and Case Study Rights

By applying for or participating in a Case Study Rebate, you grant Buildy and its affiliates, partners, successors, assigns, licensees, contractors, and service providers the irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable right to:

  • Record you and your statements;
  • Use your name, image, likeness, voice, biography, business name, trademarks, results, statements, testimonial, recordings, screenshots, revenue figures, traffic figures, analytics, business information, and submitted materials;
  • Edit, modify, reproduce, publish, distribute, display, perform, advertise, promote, create derivative works from, and otherwise use the case study and related materials;
  • Use the case study and related materials in any media, format, platform, advertisement, website, presentation, sales material, social media account, training, email, promotion, or communication now known or later developed;
  • Use the case study and related materials for commercial, advertising, promotional, educational, and other business purposes.

You waive any right to inspect or approve the finished case study, advertisements, promotional materials, edits, context, copy, or other uses of the case study materials.

You waive any right to royalties, residuals, compensation, approval rights, ownership rights, or additional payment arising from Buildy's use of the case study or related materials, except for the Case Study Rebate expressly approved by Buildy.

Rebate Issuance

A Case Study Rebate will be issued only after:

  • You have completed every qualification requirement;
  • Buildy has verified your results to its satisfaction;
  • All requested interviews, recordings, releases, documents, and materials have been completed and delivered;
  • Buildy has approved the case study;
  • The completed case study has been published by Buildy.

Unless Buildy expressly states otherwise in writing, the maximum Case Study Rebate will be limited to one hundred percent (100%) of the initial purchase price paid directly to Buildy for the specifically eligible program.

The Case Study Rebate does not include subscription payments, renewal payments, usage fees, third-party charges, advertising costs, domain fees, hosting fees, taxes, transaction fees, financing charges, interest, add-ons, upgrades, or any other amounts unless Buildy expressly agrees otherwise in writing.

All decisions regarding eligibility, qualification, verification, sufficiency of proof, satisfaction of requirements, approval, publication, rebate amount, rebate timing, and issuance are at Buildy's sole discretion.

Buildy may reject, revoke, reduce, delay, or deny any Case Study Rebate if Buildy determines, in its sole discretion, that:

  • You did not satisfy every requirement;
  • Your results cannot be sufficiently verified;
  • Information you provided is inaccurate, incomplete, misleading, or unsuitable;
  • Your case study is not suitable for publication;
  • You breached these Terms;
  • You requested a refund or initiated a payment dispute or chargeback;
  • You failed to cooperate with Buildy;
  • Issuing the rebate would be inappropriate for any other reason.

Participation in the Case Study Rebate program does not guarantee that you will qualify for or receive a rebate.

32. Contact Information

For questions regarding these Terms, contact Buildy at:

Buildy, Inc. Email: help@buildy.ai