Terms of Service

BuildFi Terms of Service

Last Updated: November 1, 2024

1. Introduction

Welcome to BuildFi (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of all BuildFi websites, mobile applications, content, products, and services (collectively, the “Services”). By accessing or using our Services, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, do not access or use the Services.

2. Eligibility

You must be at least the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract in order to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse access to any individual or entity at our sole discretion.

3. Account Registration and Security

3.1 Registration: To use certain features of our Services, you may be required to register an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any suspected unauthorized use of your account. We are not liable for any loss arising from your failure to protect your account information.

3.3 Account Restrictions: You may not impersonate another person, create multiple accounts for disruptive or abusive activities, or sell, trade, or otherwise transfer your BuildFi account to another party without our prior written consent.

4. Use of Services

4.1 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

4.2 Prohibited Conduct: You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.

• Post, upload, or transmit content that is fraudulent, deceptive, misleading, defamatory, obscene, offensive, or otherwise objectionable.

• Infringe upon or violate the intellectual property rights of others.

• Interfere with, disrupt, or attempt to gain unauthorized access to our systems or other users’ accounts.

• Engage in data mining, scraping, crawling, or similar data-gathering or extraction methods without our express written permission.

5. User Content

5.1 Ownership: You retain all rights to any content, including text, images, and other materials, that you post or otherwise transmit through the Services (“User Content”). By posting User Content, you grant BuildFi a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable, and perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business operations.

5.2 Representations and Warranties: You represent and warrant that (a) you own or have all necessary rights to your User Content, (b) your User Content does not and will not violate these Terms or any applicable law, and (c) your User Content does not infringe upon the intellectual property, privacy, or publicity rights of any third party.

5.3 Removal of Content: We reserve the right, at our sole discretion, to remove or disable access to any User Content that violates these Terms or is otherwise objectionable.

6. Intellectual Property Rights

6.1 BuildFi Property: All content, trademarks, service marks, and logos provided by BuildFi (excluding User Content) are the property of BuildFi or our licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any BuildFi-owned materials without our prior written permission.

6.2 Feedback: Any feedback, comments, or suggestions you provide regarding the Services are entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation or compensation to you.

7. Payment and Fees

7.1 Pricing: If you purchase any paid features or services offered by BuildFi, you agree to pay all applicable fees. All payments are due at the time of purchase unless otherwise stated.

7.2 Billing Information: You must provide accurate and complete payment information. By submitting such information, you authorize BuildFi to charge your payment method for the amounts specified.

7.3 Refunds: Except as required by law, all sales are final, and no refunds will be issued unless otherwise stated in writing by BuildFi.

8. Third-Party Links and Services

Our Services may contain links to third-party websites, products, or services that we do not own or control. We do not endorse or assume any responsibility for any third-party sites, content, products, or services. You acknowledge and agree that BuildFi shall not be liable for any damage or loss arising from your use of such third-party resources.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BUILDFI DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BUILDFI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES. IN NO EVENT SHALL BUILDFI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO BUILDFI FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless BuildFi, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Services, (b) your violation of these Terms, (c) your violation of any applicable law, or (d) your infringement or violation of any rights of another party.

12. Termination

We may terminate or suspend your access to the Services, in whole or in part, at any time and for any reason without prior notice or liability. Upon termination, your right to use the Services will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflicts of law principles. You agree to resolve any dispute through binding arbitration administered by a reputable arbitration organization. Each party shall bear its own costs and attorneys’ fees unless otherwise required by law or determined by the arbitrator.

14. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you by posting the updated Terms on our website and/or through other communication channels. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

15. Miscellaneous

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any additional terms to which you agree, constitute the entire agreement between you and BuildFi regarding the use of the Services.

15.2 Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the intent of the parties, and all other provisions shall remain in full force and effect.

15.3 No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign these Terms.

16. Contact Us

https://x.com/BuildFi_io

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.