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End User License Agreement (EULA)

Last Updated: October 10, 2024

  1. Introduction

This End User License Agreement (“Agreement“) is a legal contract between you (“User,” “you,” or “your“) and Buildaible Technologies Inc. (“Buildaible,” “we,” “us,” or “our“) governing your use of our software platform and services (collectively, the “Software” or “Services“). By accessing or using the Software, you agree to be bound by the terms of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.

  1. License Grant

2.1. Limited License

Subject to your compliance with the terms and conditions of this Agreement, Buildaible grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business purposes during the Subscription Term.

2.2. Subscription Term

The license granted herein is valid for the duration of your subscription period (“Subscription Term“) as specified in your order or subscription agreement with Buildaible.

  1. License Restrictions

You agree that you will not, and will not permit any third party to:

  • 3.1. Reverse Engineering: Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except as expressly permitted by applicable law.
  • 3.2. Unauthorized Use: Rent, lease, lend, sell, sublicense, distribute, transfer, or otherwise make available the Software to any third party.
  • 3.3. Circumvention: Circumvent or disable any security or technological features or measures of the Software.
  • 3.4. Competitive Analysis: Use the Software for the purpose of developing a competing product or service or for any other competitive purposes.
  • 3.5. Compliance: Use the Software in any manner that violates any applicable laws, regulations, or this Agreement.
  1. User Responsibilities

4.1. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Buildaible immediately of any unauthorized use of your account.

4.2. User Content

You are solely responsible for all data, content, and materials that you create, upload, or input into the Software (“User Content“). You represent and warrant that you have all necessary rights and permissions to use and share the User Content.

4.3. Acceptable Use

You agree to use the Software in compliance with our Acceptable Use Policy, which prohibits activities such as:

  • Illegal, harmful, or fraudulent activities.
  • Infringing on the intellectual property rights of others.
  • Distributing malware or other harmful code.
  1. Intellectual Property Rights

5.1. Ownership

Buildaible retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to Buildaible’s trademarks or service marks.

5.2. Feedback

If you provide any suggestions, feedback, or improvements to Buildaible regarding the Software (“Feedback“), Buildaible may use such Feedback without restriction and you hereby irrevocably assign all rights in such Feedback to Buildaible.

  1. Confidentiality

6.1. Definition

“Confidential Information” means any non-public information disclosed by Buildaible to you, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

6.2. Obligations

You agree to maintain the confidentiality of the Confidential Information and not to use it for any purpose other than as necessary to use the Software as permitted under this Agreement.

  1. Data Privacy and Security

7.1. Data Processing

Buildaible’s collection and use of personal information in connection with the Software is described in our Privacy Policy, which is incorporated by reference into this Agreement.

7.2. Security Measures

Buildaible implements reasonable security measures to protect User Content. However, you acknowledge that no security measure is completely secure, and Buildaible cannot guarantee the absolute security of User Content.

  1. Warranties and Disclaimers

8.1. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. BUILDAIBLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2. No Guarantee

Buildaible does not guarantee that the Software will be uninterrupted, error-free, or secure.

  1. Limitation of Liability

9.1. Exclusion of Damages

IN NO EVENT SHALL BUILDAIBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.2. Limitation of Liability

BUILDAIBLE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BUILDAIBLE FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Buildaible and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Software or violation of this Agreement.

  1. Termination

11.1. Termination by You

You may terminate this Agreement at any time by discontinuing use of the Software and deleting all copies.

11.2. Termination by Buildaible

Buildaible may terminate this Agreement immediately if you breach any term of this Agreement.

11.3. Effect of Termination

Upon termination, the license granted to you will immediately cease, and you must destroy all copies of the Software in your possession.

  1. Governing Law and Dispute Resolution

12.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12.2. Arbitration

Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

  1. Miscellaneous

13.1. Entire Agreement

This Agreement constitutes the entire agreement between you and Buildaible regarding the Software and supersedes all prior agreements.

13.2. Amendments

Buildaible may modify this Agreement at any time by providing notice to you. Your continued use of the Software after the effective date of the modification constitutes your acceptance of the amended Agreement.

13.3. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4. Assignment

You may not assign or transfer your rights under this Agreement without Buildaible’s prior written consent.

13.5. Notices

All notices under this Agreement shall be in writing and shall be deemed to have been given when received.

  1. Contact Information

If you have any questions about this Agreement, please contact Buildaible at:

  • Email: legal@buildaible.com
  • Mailing Address: Buildaible Technologies Inc.
    [Insert Address]
    [City, State ZIP]

Disclaimer: This End User License Agreement is provided for informational purposes only and does not constitute legal advice. Buildaible Technologies Inc. should consult with a qualified attorney to ensure that this Agreement complies with all applicable laws and is tailored to the company’s specific operations and needs.

Next Steps for Buildaible Technologies Inc.:

  1. Legal Review: Have the EULA reviewed and customized by a legal professional experienced in software licensing and technology law.
  2. Customization: Adjust the terms to reflect the specific functionalities and features of your Software, especially regarding AI integration and any unique aspects of your Services.
  3. Compliance: Ensure that the EULA complies with all relevant laws and regulations, including those related to data privacy, intellectual property, and consumer protection.
  4. User Acceptance: Implement a mechanism for users to accept the EULA, such as during the account registration process or prior to downloading or using the Software.
  5. Accessibility: Make the EULA easily accessible on your website and within the Software, so users can reference it at any time.

Additional Considerations:

  • AI Usage and Data Handling: Given that AI is a significant part of your platform, consider adding specific clauses that address how AI features are used, any data processing involved, and user consent related to AI functionalities.
  • Data Protection and Privacy: Ensure that the EULA aligns with your Privacy Policy and any Data Processing Agreements, especially concerning how user data is collected, used, and protected.
  • Jurisdiction-Specific Requirements: Be aware of any specific legal requirements in jurisdictions where your users are located, such as the European Union’s GDPR or California’s CCPA, and include necessary provisions.