Terms of Use

1. GENERAL

 

1.1. This Terms of Use for Buildbite Service (“TOU”) is a legal agreement between Buildbite AB and the User duly accepting this TOU. This TOU applies to Buildbite service, consisting of Buildbite platform, website (https://www.buildbite.com) and Buildbite mobile application.

 

1.2. Buildbite service is a software solution/application for the construction and field service industries.

 

1.3 Service is offered and operated by Buildbite AB (“Service Provider”), a Swedish limited liability company with a Business ID 559246-5412.

 

1.4. Any personal data that User submits to Service or which Service Provider collects about User is governed by Service Provider’s Privacy Policy, available at buildbite.com/privacypolicy. User acknowledges that by using Service, User has reviewed and accepted (i) such privacy policy, and (ii) data processing agreement as Appendix 1 of this TOU which are both incorporated by reference into this TOU.

 

2. DEFINITIONS

 

2.1. “Account” shall mean an account that User must create when User registers to Service.

 

2.2. “Account Owner” shall mean the User or entity that purchases a subscription to the Service and is responsible for the associated billing account.

 

2.3. “Affiliates” shall mean Service Provider and its respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, partners, licensors, insurers, employees, successors, and assigns.

 

2.4. “Agreement” shall mean this TOU and Privacy Policy together.

 

2.5. ”App” shall mean the mobile and web applications of the Service.

 

2.6 “Authorized Users” shall mean individuals granted access to the Service by the Account Owner, including employees and subcontractors.

 

2.7 “Client Users” shall mean external third parties (such as customers or clients of the Account Owner) who are invited to access limited functionality within the Service.

 

2.8. “Confidential Information” shall be defined in Section 18.2 below.

 

2.9. “Feedback” shall mean User’s comments, ideas, or feedback about Service, including without limitation about how to improve Service Provider’s services or products.

 

2.10. “Indemnified Parties” shall mean Service Provider and Affiliates, and their attorneys, insurers, independent contractors, providers, successors, and assigns.

 

2.11. “Identity Check” shall mean a vetting process before User can register for and during User’s use of the Service, including but not limited to a verification of identity through third-party services as appropriate and determined by Service Provider.

 

2.12. “Liabilities” shall mean claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs.

 

2.13. “Notices” shall mean agreements, notices, disclosures, and other communications by Service Provider.

 

2.14. “Payment Method” shall mean the payment method and providing the payment that User authorizes Service Provider, through the Payment Processor, to charge User for the use of Services.

 

2.15. “Payment Processor” shall mean a third-party provider used to process payments for subscriptions to the Service (such as Stripe).

 

2.16. “Privacy Policy” shall mean Service Provider’s privacy policy, as available at buildbite.com/privacypolicy and incorporated by reference into this TOU.

 

2.17. “Proprietary Material” shall mean text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content.

 

2.18 “Seat” means a paid User license associated with an Account, as defined in the applicable subscription plan.

 

2.19. “Service” shall mean the Buildbite web and mobile-based software platform that enables Users to manage projects, tasks, communications, and related workflows.

 

2.20. “Service Provider” shall be defined in Section 1.3 above.

 

2.21. “SNS Content” shall mean content that User has provided to and stored in User’s Third-Party Account.

 

2.22. “Third Party Account” shall mean online accounts User may have with third party service providers (such as Facebook and Stripe).

 

2.23. “TOU” shall mean this Terms of Use agreement document as available at https://buildbite.com/terms-of-use.

 

2.24. “User” means any individual or entity accessing or using the Service.

 

2.25. “User Generated Content” shall mean any content, information, and materials, whether textual, audio, visual, or otherwise, that a User provides, submits, uploads, publishes, or otherwise makes available through the Service.

3. ACCEPTANCE OF THIS TOU

3.1. Using Service is subject to User’s prior acceptance of this TOU.

 

3.2. Use of Service constitutes User’s acceptance of and consent to all of the terms and conditions in Agreement and any future amendments and additions to Agreement as Service Provider may publish from time to time.

 

3.3. IF USER DOES NOT AGREE TO BE BOUND BY AGREEMENT, USER MAY NOT USE OR ACCESS SERVICE.

 

3.4. User must use Service in compliance with all applicable laws, regulations, and other mandatory rules. All instructions given by Service Provider must be duly followed. In addition, User is advised to report to Service Provider, in case User notices another User of Service using Service against this TOU or Service Provider’s instructions. Such report can be submitted under notice@buildbite.com.

4. Highlighted terms of this TOU

4.1. The Service is provided on an “as is” basis without warranties, as further described in Section 19.

 

4.2. Certain features of the Service use artificial intelligence (“AI”), as further described in Section 5.

 

4.3. Users are responsible for reviewing and validating outputs before relying on them.

 

4.4. The Service Provider is not responsible for disputes, agreements, or interactions between Users outside the scope of the Service.

 

4.5. Users agree to indemnify the Service Provider as described in Section 20.

5. AI-GENERATED CONTENT 

Certain features of the Service use AI to generate outputs. Such outputs may be inaccurate, incomplete, or unsuitable for specific purposes. Buildbite does not guarantee the accuracy, reliability, or completeness of AI-generated outputs. Users are solely responsible for reviewing and validating all outputs before relying on them. 

 

6. NATURE OF SERVICE 

6.1 The Service is a software platform designed to support project management, communication, and coordination for construction and related activities.

 

6.2 The Service Provider does not provide construction services, act as a contractor, or enter into agreements between Users for the provision of construction or other services.

 

6.3 Any agreements, engagements, or relationships between Users are entered into independently of the Service Provider. The Service Provider is not a party to such agreements and assumes no responsibility or liability in connection with them.

 

7. USER VETTING 

 

7.1. In the Service Provider’s sole discretion, Users may be subject to identity verification or other checks in connection with registration for, or use of, the Service.

 

7.2. Service Provider is not required to carry out such checks and cannot guarantee that any User is who they claim to be.

 

8. USER REPRESENTATIONS AND WARRANTIES

 

8.1. The User represents and warrants that the User is at least 18 years of age, has the legal capacity to enter into this Agreement, and, where acting on behalf of an entity, has authority to bind that entity. The User represents and warrants that it has all necessary rights and legal bases to invite, upload, and process personal data of third parties, including employees, subcontractors, and Client Users, within the Service. The User is solely responsible for ensuring that such processing complies with applicable data protection laws, including providing any required notices to such individuals.

 

8.2. The User further represents and warrants that it has read, understood, and agrees to be bound by this TOU and the Privacy Policy.

 

8.3. The User will respect the privacy, property, confidentiality, and data protection rights of others when using the Service.

 

8.4. The User represents and warrants that it has all necessary rights to upload, submit, process, and share any content, documents, communications, and other materials through the Service.

 

8.5. The User agrees to use the Service lawfully, in good faith, and in accordance with all applicable laws and regulations.

 

8.6. The User will not use the Service for unlawful, fraudulent, investigative, journalistic scraping, abusive, or unauthorized purposes.

 

9. USER INTERACTIONS AND RELATIONSHIPS

 

9.1 The Service is a software platform and does not facilitate or act as a party to agreements between Users for services performed outside of the Service.

 

9.2 Users may interact, collaborate, and communicate through the Service. Any agreements, engagements, or relationships between Users are entered into independently of the Service Provider.

 

9.3 The Service Provider is not responsible for the actions, omissions, or conduct of any User, nor for any agreements or outcomes arising from interactions between Users.

 

10. BILLING AND PAYMENT

 

10.1. Free Trial

The Service may be offered with a free trial period of fourteen (14) days.
No payment method or billing information is required to access the free trial.

At the end of the trial period, if the User has not subscribed to a paid plan, access to the Service will be suspended until a subscription is purchased.

 

10.2. Subscription Plans and Pricing

To continue using the Service after the trial period, the User must subscribe to a paid plan (for example, Basic, Standard, or Premium).

Current subscription plans, features, and applicable pricing are described on the Service Provider’s pricing page available at buildbite.com/pricing, as updated from time to time.

To subscribe, the User must provide valid payment details, including credit card information and, where applicable, billing information such as VAT or tax identification number.

Subscription fees may be based on the number of active Users (or “seats”) associated with the User’s account.

 

10.3. Billing and Auto-Renewal

Subscriptions are billed on a monthly basis and automatically renew at the end of each billing cycle unless cancelled by the User.

Each subscription has a minimum term equal to one (1) billing cycle.

By subscribing, the User expressly authorizes the Service Provider to charge the applicable subscription fees to the User’s selected payment method on a recurring monthly basis in accordance with the plan selected by the User and the pricing in effect at the time of purchase.

 

10.4. Upgrades

The User may upgrade to a higher subscription plan at any time.

If a User upgrades their subscription, additional charges may apply immediately on a prorated basis or at the start of the next billing cycle, as specified within the Service or on the pricing page.

 

10.5. Cancellation

The User may cancel their subscription at any time through the Service or by contacting support.

Cancellation will take effect at the end of the current billing period. The User will retain access to the Service until the end of the paid period.

 

10.6. No Refunds

Except where required by applicable law, all payments are non-refundable.

No refunds or credits will be provided for:

• partial billing periods; or
• unused portions of the Service.
  

 

10.7. Failed Payments

If a payment fails for any reason, access to the Service may be suspended until the User updates their payment details and payment is successfully completed.

The Service Provider may, at its discretion, provide a short grace period to allow the User to update payment details before access is suspended.

 

10.8. Payment Method and Updates

The User may update their payment method and billing information at any time through the Service.

The User is responsible for ensuring that payment details are accurate, complete, and up to date at all times. Failure to do so may result in suspension of access to the Service.

 

10.9. Invoices and Receipts

Invoices and payment receipts are made available to the User within the Service and may be downloaded at any time.

 

10.10. Payment Processing

Payments for the Service are processed by third-party payment providers. Such processing is subject to the terms and privacy policies of those providers. The Service Provider does not process payments directly and is not responsible for the performance, security, or availability of such third-party providers.

Users may be required to accept the terms of the applicable Payment Processor in order to use payment functionality.

The Service Provider reserves the right to correct any billing errors or mistakes, including after payment has been requested or received, and may combine multiple charges into a single transaction where applicable.

 

10.11. Taxes

All fees are exclusive of applicable taxes unless otherwise stated.

The User is responsible for providing accurate billing and tax information, including VAT numbers where applicable, and for paying any applicable taxes associated with the use of the Service.

 

10.12. Changes to Pricing

The Service Provider may update subscription prices or plan features from time to time. Any such changes will apply prospectively and will not affect the User’s current billing period already paid for.

The Service Provider will provide reasonable prior notice of material pricing changes before such changes take effect for a subsequent billing cycle. Updated pricing will be made available on the pricing page at buildbite.com/pricing. Continued use of the Service after a pricing change takes effect constitutes acceptance of the updated pricing.

 

10.13. Additional Services and Usage-Based Fees

The Service Provider may introduce additional paid features, services, or usage-based pricing components (for example, consumption-based fees, credits, or similar mechanisms) from time to time.

Where such features are offered, the applicable pricing, usage terms, and billing structure will be made available within the Service or on the pricing page.

Any such additional fees will only be charged where the User actively elects to use or enable the relevant feature.

By using such features, the User agrees to the applicable fees and billing terms.

Where applicable, usage metrics and consumption levels will be made reasonably available to the User within the Service.

 

10.14. User Types and Seat Allocation

Subscription plans may include a defined number of Seats, which apply to Authorized Users such as employees and subcontractors of the Account Owner.

Client Users may be invited to access the Service without occupying a Seat, provided that such access is limited to functionality intended for external collaboration.

The Service Provider reserves the right to define, limit, or modify the scope of access and usage permitted for Client Users, including to prevent abuse or excessive use of the Service.

The Account Owner is responsible for all Users added to its account, including Authorized Users and Client Users.

 

11. MOBILE APP UPDATES AND UPGRADES

 

11.1. By installing App, User consents to the installation of the App and any updates or upgrades that are released through the Service.

 

11.2. The App (including any updates or upgrades) may (i) cause User’s device to automatically communicate with Service Provider’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored in User’s device, and (iii) collect personal information as set out in Privacy Policy, including location information. User can uninstall the App at any time.

 

12. TERMINATION AND SUSPENSION

 

12.1. Service Provider may terminate or limit User’s right to use the Service if Service Provider is investigating, or reasonably believes, that User has breached any provision of the Agreement, by providing User with written notice by email or through the Service. Such termination or limitation will be effective immediately upon delivery of such notice. If Service Provider terminates or limits User’s right to use the Service pursuant to this Section 12, User is prohibited from registering and creating a new account under User’s name, a fake or borrowed name, or the name of any third party, even if User may be acting on behalf of the third party.

 

12.2. Even after User’s right to use Service is terminated or limited, this TOU will remain enforceable against User. Service Provider reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 21 of this TOU.

 

12.3. Service Provider reserves the right to modify or discontinue, temporarily or permanently, all or any portion of Service at its sole discretion. Service Provider is not liable to User for any modification or discontinuance of all or any portion of Service. Service Provider has the right to restrict any person from registering for or using the Service if Service Provider believes such person may threaten the safety, security, or integrity of the Service, or if such restriction is otherwise necessary to address a reasonable business concern.

 

12.4. User may terminate Agreement at any time by ceasing all use of Service. All parts of the Agreement which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Agreement.

 

12.5. The Service Provider reserves the right to suspend, restrict, or terminate access to the Service if, in its reasonable discretion, the User’s use of the Service is excessive, abusive, fraudulent, or otherwise places an unreasonable burden on the Service, infrastructure, or underlying systems. This includes, without limitation, disproportionate or unintended use of automated features, artificial intelligence functionality, or other resource-intensive components of the Service. The Service Provider may take such action with or without prior notice where necessary to protect the stability, security, or integrity of the Service.

 

13. ACCOUNT, PASSWORD, SECURITY, AND MOBILE PHONE USE

 

13.1. User is the sole authorized User of User’s Account. User is responsible for maintaining the confidentiality of any log-in, password, and account number provided by User or given to User by Service Provider for accessing Service. User is solely and fully responsible for all activities that occur under User’s password or Account, even if not authorized by User. If User is accessing and using Service on someone else’s behalf, User represents that User has the authority to bind that person as the principal to all terms provided herein in this TOU. Service Provider has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should User suspect that any unauthorized party may be using User’s password or account, or User suspects any other breach of security, User agrees to contact Service Provider immediately.

 

13.2. By providing User’s mobile phone number and using the Service, User consents to the Service Provider’s use of that mobile phone number for calls and text messages in order to: (a) provide and improve the Service; (b) communicate about account registration, authentication, service notices, billing, updates, outages, and support matters; and (c) facilitate communications between Users where such functionality is available through the Service. Standard carrier charges may apply. Users may opt out of non-essential text messages or calls by updating account settings or contacting support@buildbite.com.

 

14. USER GENERATED CONTENT

 

14.1. You as User are solely responsible for User Generated Content, and Service Provider provides the Service as a platform for the storage, sharing, and display of User Generated Content. You as Use acknowledge and agree that Service Provider:

14.1.1. Is not involved in the creation or development of User Generated Content.

14.1.2. Disclaims any responsibility for User Generated Content.

14.1.3. Cannot be liable for claims arising out of or relating to User Generated Content.

14.1.4. Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Service at its sole discretion.

 

14.2. You hereby as User represent and warrant to Service Provider that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Service Provider or purport you to act as a representative or agent of Service Provider; and (viii) will not create liability for Service Provider or cause Service Provider to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

 

14.3 Users shall not upload or process personal data in violation of applicable data protection laws and shall ensure that any such processing is lawful.

 

14.4. You as User hereby grant Service Provider a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Service. This license is granted solely to the extent necessary to operate, provide, improve, and support the Service.

 

15. LINKS TO THIRD-PARTY WEBSITES

 

15.1. Service may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Service Provider or association with those websites, their content, or their operators. Such links (including without limitation external websites that are framed by Service as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Service Provider does not control any such websites and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility as User to evaluate the content and usefulness of the information obtained from other websites. You as User acknowledge and agree that Service Provider is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you as User acknowledge and agree that Service Provider has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on Service at its sole discretion.

 

15.2. The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You as User access such third-party websites at your own risk. Service Provider expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You as User hereby agree to hold Service Provider harmless from any liability that may result from the use of links that may appear on Service.

 

15.3. As part of the functionality of Service, you as User may link your account with Third-Party Accounts by either: (i) providing your Third-Party Account login information through Service; or (ii) allowing Service Provider to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Service Provider and/or grant Service Provider access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Service Provider to pay any fees or making Service Provider subject to any usage limitations imposed by such third-party service providers. By granting Service Provider access to any Third-Party Accounts, you understand that (1) Service Provider may access, make available and store (if applicable) any SNS Content so that it is available on and through the Service via your account, including without limitation any friend lists, and (2) Service Provider may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or Service Provider’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS. Service Provider makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Service Provider is not responsible for any SNS Content.

 

16. INTELLECTUAL PROPERTY RIGHTS

 

16.1. All Proprietary Material that Users see or read through the Service is owned by Service Provider, excluding User Generated Content, which Users hereby grant Service Provider a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Service Provider owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Service Provider’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content.

 

16.2. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Service Provider and, if applicable, the holder of the rights to User Generated Content.

 

16.3. The service marks and trademarks of Service Provider, including without limitation Service Provider and Service Provider logos, are service marks owned by Service Provider. Any other trademarks, service marks, logos and/or trade names appearing via Service are the property of their respective owners. User may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

 

16.4. Additionally, User may choose to, or Service Provider may invite User to submit Feedback. By submitting any Feedback, you as User agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Service Provider under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose Feedback on a non-confidential basis or otherwise to anyone. You as User further acknowledge that, by acceptance of your submission, Service Provider does not waive any rights to use similar or related Feedback previously known to Service Provider, developed by its employees, or obtained from sources other than you. User acknowledges that all email and other correspondence that User submits to Service Provider shall become Service Provider’s sole and exclusive property.

 

17. COPYRIGHT COMPLAINTS

 

17.1. Service Provider respects the intellectual property rights of others, and expects Users to do the same. If you as User believe, in good faith, that any materials provided on or in connection with Service infringe upon your copyright or other intellectual property right(s), please send the following information to Service Provider at notice@buildbite.com:

 

17.1.1. A description of the copyrighted work that you as User claim has been infringed, including the URL (Internet address) or other specific location on Service where the material you claim is infringed is located. Include enough information to allow Service Provider to locate the material, and explain why you think an infringement has taken place;

17.1.2. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

17.1.3. Your address, telephone number, and e-mail address;

17.1.4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

17.1.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

17.1.6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

18. CONFIDENTIAL INFORMATION

 

18.1. You as User acknowledge that Confidential Information is a valuable, special, and unique asset of Service Provider and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Service in accordance with this TOU. If relevant, you as User may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You as User shall promptly notify Service Provider in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You as User shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You as User shall return all originals and any copies of any and all materials containing Confidential Information to Service Provider upon termination of this TOU for any reason whatsoever.

 

18.2. The term “Confidential Information” shall mean any and all of Service Provider’s trade secrets, confidential and proprietary information, and all other information and data of Service Provider that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Service Provider or Service Provider’s business, operations or properties, including information about Service Provider’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

 

19. DISCLAIMER OF WARRANTIES

 

19.1 SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

 

19.2. SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. SERVICE PROVIDER AND GOOGLE DISCLAIM ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

19.3. The Service Provider does not warrant, endorse, guarantee, or assume responsibility for any third-party products, services, websites, or content made available through or linked from the Service. The Service Provider does not guarantee uninterrupted or error-free access to the Service and does not warrant that the Service will be free from harmful components. The Service Provider does not provide professional, legal, financial, engineering, or construction advice.

 

19.4. In addition, no individual or entity shall be a third-party beneficiary of this TOU. This TOU is solely for the benefit of the parties to this TOU and not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third-party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

 

19.5. You as User acknowledge and agree that Service Provider is only willing to provide the Service if you agree to certain limitations of our liability to you and third parties. Therefore, you as User agree not to hold Service Provider and Affiliates, or their corporate partners, liable for any Liabilities that have arisen or may arise, relating to your or any other party’s use of or inability to use the Service, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Service Provider and Affiliates and any destruction of your User Generated Content.

 

19.6. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SERVICE PROVIDER, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

 

19.7. SERVICE PROVIDER AND AFFILIATES EXPRESSLY DISCLAIM LIABILITY ARISING FROM DISPUTES, INTERACTIONS, OR RELATIONSHIPS BETWEEN USERS, AND FROM RELIANCE ON USER CONTENT OR AI-GENERATED OUTPUTS.

 

19.8. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SERVICE PROVIDER AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO SERVICE PROVIDER DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED EUROS (€100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

19.9. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.

 

19.10. THE SERVICE PROVIDER IS NOT A PARTY TO AGREEMENTS, ENGAGEMENTS, OR ARRANGEMENTS BETWEEN USERS OUTSIDE THE SERVICE. IN THE EVENT THAT A USER HAS A DISPUTE WITH ONE OR MORE OTHER USERS, THE USER RELEASES THE SERVICE PROVIDER AND ITS AFFILIATES FROM CLAIMS ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

19.11 Buildbite shall not be liable for any decisions made, actions taken, or losses incurred based on AI-generated outputs.

 

20. INDEMNIFICATION

 

20.1. You as User hereby agree to indemnify, defend, and hold harmless Indemnified Parties from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Service or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.

 

20.2. You as User also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Service Provider reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Service Provider.

 

21. GOVERNING LAW AND DISPUTE RESOLUTION

 

21.1. This TOU shall be governed by the substantive laws of Sweden, without reference to its principles and rules on conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods.

 

21.2. Any dispute, controversy or claim arising out of or relating to this TOU, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

The number of arbitrators shall be one (1). The seat of arbitration shall be Stockholm, Sweden.

 

21.3. Notwithstanding the above, parties may seek injunctive or other interim relief in the courts of Sweden.

 

22. GENERAL PROVISIONS

 

22.1. Failure by Service Provider to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right.

 

22.2. The Agreement constitutes the complete and exclusive agreement between you as User and Service Provider with respect to its subject matter and supersedes and governs any and all prior agreements or communications.

 

22.3. The provisions of the Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

 

22.4. The Agreement may not be assigned or transferred by User without our prior written approval. Service Provider may assign or transfer the Agreement without User’s consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer.

 

22.5. Any assignment in violation of this Section 22 shall be null and void. The Agreement will injure to the benefit of Service Provider, its successors, and assigns.

 

22.6. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by the Agreement.

 

22.7. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement.

 

22.8. A force majeure event includes any material and exceptional reason beyond the control of parties that that parties cannot be expected to have taken into account at the time of the conclusion of the Agreement and the consequences of which parties could not have prevented without unreasonable additional costs or unreasonable loss of time. A force majeure encountered by a subcontractor of Service Provider is also deemed to be a force majeure of Service Provider if Service Provider’s obligation cannot be acquired or carried out elsewhere without unreasonable expenses or material delay. Parties must without delay notify the other party in writing of having suffered a force majeure and of the end of the force majeure.

 

23. CHANGES TO THE AGREEMENT AND THE SERVICE

 

23.1. Service Provider reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of the Agreement and review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Service Provider.

 

23.2. Service Provider will endeavour to notify User of material changes by email but will not be liable for any failure to do so. If any future changes to the Agreement are unacceptable to you as User or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to the Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Service Provider may also impose limits on certain features or restrict your access to part or all of the Service without notice or liability.

 

24. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

 

24.1. User consents to receive any Notices to which the Agreement refers electronically including without limitation by e-mail or by posting Notices on this site buildbite.com/notices.

 

24.2. User agrees that all Notices that Service Provider provides User electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in the Agreement, all notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

 

24.3. If User has any questions about the Agreement or about the Service, please contact support@buildbite.com.

 

25. APPENDIX 1

 

25.1. Appendix 1: Data Processing Agreement shall be integral part of this TOU.

 

25.2. In case of conflict between the terms of this TOU and the terms of Appendix 1 regarding process of personal data, the terms Appendix 1 shall govern.