Terms of Use
These Terms of Use ("Terms") govern your access to and use of the website, applications, and services provided by BuilderSwift, Inc. ("BuilderSwift," "we," "us," or "our"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old and authorized to enter into these Terms on behalf of yourself or the company you represent. You represent that all information you provide is accurate, current, and complete.
2. Accounts
To access most features, you must create an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. BuilderSwift is not liable for losses caused by unauthorized account use.
3. Subscriptions, Fees, and the Launch Promotion
BuilderSwift offers paid subscriptions on a monthly basis at the price displayed on our pricing page. As a launch promotion, new customers may be eligible for a 4-month free period ("Launch Period"). The Launch Period starts on the date your account is created and ends four (4) calendar months later.
- During the Launch Period, no subscription fee is charged.
- At the end of the Launch Period, your subscription will automatically continue at the then-current monthly rate (currently $49/month) unless you cancel before the end of the Launch Period.
- You may cancel at any time from within your account settings. Cancellations take effect at the end of the then-current billing cycle.
- Your first 4 months are on us as part of the launch period; no fees are charged during that time, and you may cancel at any time during the launch period without owing anything. After the launch period, the subscription is billed monthly at the then-current price. Unless required by law, fees for any paid month are non-refundable once that month has begun. We will provide at least 30 days' prior notice of any subscription price change.
- The Launch Period is offered at our discretion and may be modified, suspended, or discontinued at any time for new sign-ups.
4. Acceptable Use
You agree not to, and not to permit any user of your account to:
- Use the Services to violate any applicable law, regulation, or third-party right.
- Upload or transmit viruses, malware, or any code designed to disrupt the Services.
- Attempt to gain unauthorized access to the Services, other accounts, or computer systems.
- Reverse engineer, decompile, or otherwise attempt to derive source code or trade secrets from the Services.
- Resell, sublicense, or commercially exploit the Services except as expressly permitted.
- Send unsolicited communications, spam, or illegal content through the Services.
- Use the Services to store or process sensitive personal data beyond what is reasonably necessary for your business operations.
5. Your Content
You retain all rights, title, and interest in the data, content, and materials you upload to the Services ("Your Content"). You grant BuilderSwift a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to provide the Services and as described in our Privacy Policy. You are solely responsible for Your Content and the accuracy of any information you provide.
6. Third-Party Integrations
The Services may integrate with third-party platforms such as QuickBooks and Stripe. Your use of those platforms is governed by their own terms and privacy policies. BuilderSwift is not responsible for the acts or omissions of any third-party provider.
7. Intellectual Property
The Services, including all software, designs, graphics, text, and trademarks, are the property of BuilderSwift or its licensors and are protected by intellectual-property laws. Except as expressly permitted, no rights are granted to you other than the limited right to use the Services in accordance with these Terms.
8. Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination will do so.
9. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUILDERSWIFT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDERSWIFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL BUILDERSWIFT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BUILDERSWIFT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
11. Indemnification
You agree to defend, indemnify, and hold harmless BuilderSwift and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party right.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms on our website and, where appropriate, notify you by email. The "Last updated" date above reflects when these Terms were last revised. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.
14. Contact Us
If you have any questions about these Terms, please contact us at:
BuilderSwift, Inc.
Attn: Legal Department
Email: [email protected]
Address: 123 Market Street, Suite 400, San Francisco, CA 94105, United States