Built.io | Terms of Service

Note: The Terms of Service are established as an adapted work of the Terms of Service available under a Creative Commons Sharealike license from Automattic on their Wordpress.com web property. The Built.io team appreciates Automattic for helping startups like ours save time and money on this necessary, but unnecessarily expensive legal material.

Dear Built.io users,

Thanks for choosing Built.io! Below you'll find our Terms of Service (TOS) that essentially says what you can and cannot do on built.io.

Is there a bunch of legal jargon in here that would make Chewbacca sound like Shakespeare? Absolutely. But establishing this terms of service agreement ensures that both of us understand some basic ground rules for the use of Built.io.

Thanks for reading,

The Built.io Team

Terms of Service:

The following terms and conditions govern all use of the Built.io website and all content, services and products available at or through the website, including, but not limited to, Built.io. The Website and the Built.io platform is owned and operated by Built.io. The Website and Built.io platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Built.io's Privacy Policy) and procedures that may be published from time to time on this Site by Built.io (collectively, the “Agreement").

Please read this Agreement carefully before accessing or using Built.io or any other products from Built.io. By accessing or using any part of the web site or products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Built.io products. If you are entering in this Agreement on behalf of a company, organization, or other legal entity, you warrant that you have the authority to bind that entity, as well as all users who will have access to your account, to the terms of this Agreement. If you don't have that authority or aren't sure if you have that authority, you may not enter into this Agreement and you may not use any of the websites or products governed by this Agreement.

In the event that you or a party authorizing you to access this website has entered into any Master Subscription Agreement with Built.io to access the services on this website, you and the entity entering into such Master Subscription Agreement are bound by the terms thereof and such terms shall take precedence over any terms conflicting with this Agreement, except that Built.io reserves the right to amend or update these Terms of Service and their applicability at any time.

  • Your Built.io Account and Site

    If you create an application on the Built.io platform, you are responsible for maintaining the security of your account and applications, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with related applications. You must immediately notify Built.io of any unauthorized uses of your application(s), your account or any other breaches of security. Built.io will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must not describe or assign keywords to your application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Built.io may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Built.io liability.
  • Responsibility of Contributors

    If you create an application on Built.io, post material within the application, or otherwise make (or allow any third party to make) material available by means of the application (any such material, “Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; because you shouldn't steal shit.
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; we want to make sure you keep getting a paycheck.
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; see, we don't want you to get in trouble.
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; because that's just not cool.
    • the Content is not spam, is not randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); nobody wants to get spammed.
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; some of our peeps are too young for all that.
    • your application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other applications, and similar unsolicited promotional methods; because, well, see multiple entries above.
    • your application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your application's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Built.io or otherwise.
    By submitting Content to Built.io for inclusion within your application, you grant Built.io a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your application. If you delete Content, Built.io will use reasonable efforts to remove it from the Website or application showcase, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Built.io has the right (though not the obligation) to, at Built.io's sole discretion (i) refuse or remove any content that, in Built.io's reasonable opinion, violates any Built.io policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or Built.io platform to any individual or entity for any reason, at Built.io's sole discretion. Built.io will have no obligation to provide a refund of any amounts previously paid.
  • Payment and Renewal

    • General Terms

      Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an “Upgrade"). By selecting an Upgrade you agree to pay Built.io the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
    • Automatic Renewal

      Unless you notify Built.io before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard. Cancellations will take effect at the end of the billing period in which you request account closure.
    • Trial Subscriptions

      If you take part in a program that licenses you to use Built.io platform or the Site without paying or registering (e.g., as part of a free trial, or free trial beta, or free trial subscription you are hereby notified that all of the terms and conditions of this Agreement except the sections labeled "General Terms," "Automatic Renewal" and “Fees, Payments" apply to your use and access of Built.io the Site and your Account. Further, you acknowledge that your access to Built.io may be revoked or cancelled at any time at the discretion of Built.io without notice, and that your Content may be deleted and your Account cancelled.
    • Account Usage Limitations

      The Built.io plans are designed to help you start small, and scale quickly as your app usage grows. Industry standard limits for API calls and push notifications apply. If additional levels of usage limits are required, users may contact us for a custom plan. These limitations are not designed to limit your innovation or complexity of app development. The limits help us contain our costs, and ensure that the platform remains stable for all users in the Built.io community.
  • Built.io

    • Fees Payment

      By signing up for the Built.io platform, you agree to pay Built.io the specified monthly fees in exchange for access to the platform. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. Built.io reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Though you may cancel the use of Built.io at anytime, service and the availability of Built.io will continue to be delivered till the end of the monthly period of pre paid services. If Built.io terminates this Agreement because we determine, at our sole discretion, that you have violated or attempted to violate the terms of this Agreement, we are under no obligation to provide a refund, in whole or in part, for any fees you have already paid.
    • Taxes

      You are responsible for any taxes, levies or duties assessed by any taxing authorities. You understand that the specified monthly fees you pay to Built.io are exclusive of all taxes, levies and/or duties.
    • Permitted Use

      You may use Built.io to develop an application that adheres to the limitations in this document.
    • Restricted Use

      If Built.io believes, at its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access Built.io may be temporarily or permanently revoked, with or without notice. You understand that if your access is limited or revoked while Built.io investigates a violation or attempted violation of these terms, Built.io is under no obligation to offer you a refund, in whole or in part, for any fees you paid prior to such investigation. If your use is restricted simply because your app is too awesome and breaks our platform, no worries. We'll contact soon and work out a way to have you back up again in a reasonable time.
  • Responsibility of Website Visitors and Built.io Platform Users

    Built.io has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Built.io platform, and cannot therefore be responsible for that material's content, use or effects. By operating the Built.io platform, Built.io does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The platform showcase may contain applications that are offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Built.io disclaims any responsibility for any harm resulting from the use by visitors of the Website, users of the Built.io platform, or from any downloading by those visitors of content there posted.
  • Copyright Infringement and DMCA Policy

    As Built.io asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by built.io violates your copyright, you are encouraged to notify Built.io in accordance with Built.io's Digital Millennium Copyright Act (“DMCA") Policy. Built.io will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Built.io will terminate a visitor's access to and use of the Website or Built.io platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Built.io or others. In the case of such termination, Built.io will have no obligation to provide a refund of any amounts previously paid to Built.io.
  • Intellectual Property

    This Agreement does not transfer from Built.io to you any Built.io or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Built.io. Built.io and Built.io, the Built.io logo, and all other trademarks, service marks, graphics and logos used in connection with Built.io, or the Built.io Website are trademarks or registered trademarks of Built.io or Built.io's licensors. Other trademarks, service marks, graphics and logos used in connection with Built.io may be the trademarks of other third parties. Your use of the Built.io platform grants you no right or license to reproduce or otherwise use any Built.io or third-party trademarks.
  • Showcase

    Built.io reserves the right to display showcase links to your application in the Built.io showcase and may do so without notice or compensation. We think you'll find that being displayed in our showcase is a positive experience that will draw attention to your application, and we want you to understand that there is no automated process through which you can opt-out, decline or otherwise control or modify the way in which we choose to showcase your application. That being said, if you ever feel that inclusion in the showcase is anything less than beneficial to your organization of your application, please contact us at support@built.io and we will acknowledge and respect your wishes to have your application excluded from the showcase.
  • Changes

    Built.io reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Built.io will notify you, using the email address you provide us during the sign-up process, any time this Agreement is modified or replaced. Your continued use of or access to the Built.io platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Built.io may also, in the future, offer new services and/or features through the Website or Built.io platform (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Termination

    Built.io may terminate your access to all or any part of the Built.io platform at any time, with or without cause, with thirty (30) days notice. If you wish to terminate this Agreement or your Built.io account (if you have one), you may simply discontinue using the Website or Built.io platform. In the event that Built.io chooses to terminate this Agreement, it is your sole responsibility to extract, port, download or otherwise preserve any content associated with your account. Upon effective termination of the Agreement you forfeit and relinquish access to all content in your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • DISCLAIMER OF WARRANTIES

    THE BUILT.IO PLATFORM IS PROVIDED “AS IS". BUILT.IO AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BUILT.IO NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE PLATFORM WILL BE ERROR FREE OR THAT ACCESS THERE TO WILL BE CONTINUOUS OR UNINTERRUPTED. IF YOU'RE ACTUALLY READING THIS, HERE'S A TREAT. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE BUILT.IO PLATFORM AT YOUR OWN DISCRETION AND RISK.
  • LIMITATION OF LIABILITY

    IN NO EVENT WILL BUILT.IO, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO BUILT.IO UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. BUILT.IO SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  • General Representation and Warranty

    You represent and warrant that (i) your use of the Built.io platform will be in strict accordance with the Built.io Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Built.io platform will not infringe or misappropriate the intellectual property rights of any third party.
  • Indemnification

    You agree to indemnify and hold harmless Built.io, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Built.io platform, including but not limited to your violation of this Agreement.
  • Miscellaneous

    This Agreement constitutes the entire agreement between Built.io and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Built.io, or by the posting by Built.io of a revised version.
  • Governing Law and Dispute Resolution

    This Agreement is governed by the laws of the state of California, U.S.A., without respect to its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be subject to mediation in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS") by arbitrator(s) appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
  • Survival

    If any part of this Agreement is held invalid or unenforceable the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Built.io may assign its rights under this Agreement without condition.