Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between bldrAgent ("bldrAgent," "we," "us," or "our") and you ("Customer" or "you"). They govern your access to and use of the bldrAgent AI-powered website and mobile app builder platform, available at bldragent.com and any associated applications (collectively, the "Platform").

By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If your organization is using HIPAA workflows, see our Business Associate Agreement (BAA). If you are accepting these Terms on behalf of an organization, you represent that you have the authority to do so. If you do not agree, do not use the Platform.

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ SECTION 14 CAREFULLY.

2. Platform Access and License

Right to Use

Subject to your compliance with these Terms and payment of applicable fees, bldrAgent grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your active Subscription Term, solely for your internal business purposes.

Modifications to the Platform

bldrAgent reserves the right to modify, update, suspend, or discontinue any part of the Platform at any time, with or without notice. We will make reasonable efforts to notify you of material changes that significantly affect your use of the Platform.

Usage and Credit Limits

Your use of the Platform is subject to usage limits based on your selected subscription plan, including limits on AI generation credits (bldrCredits), the number of projects, published sites, and storage. bldrAgent may update these limits from time to time. Exceeding usage limits may result in service interruptions or additional charges. You may purchase additional credits at rates published on our Pricing page.

Deployment Limits and Operational Safeguards

To maintain platform integrity, fair allocation of shared infrastructure, and reliable network performance, bldrAgent applies plan-based operational limits, including a maximum number of publish or deployment actions per monthly billing cycle. Monthly deployment allocations vary by subscription plan and may be changed, refined, or replaced by bldrAgent from time to time.

If you exhaust your monthly deployment allocation, you may be unable to publish, republish, or redeploy applications until the start of your next applicable billing cycle, unless additional deployment capacity is expressly offered by bldrAgent. You acknowledge and agree that bldrAgent may also apply throttling, queueing, temporary holds, feature gating, or other technical controls where reasonably necessary to prevent abuse, fraud, resource exhaustion, service degradation, security incidents, or network instability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLDRAGENT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO LIMIT, CONDITION, RESTRICT, SUSPEND, OR DENY ACCESS TO ANY FEATURE, FUNCTION, RESOURCE, OR CAPABILITY (INCLUDING DEPLOYMENT OR PUBLISHING RIGHTS) BASED ON PLAN ENTITLEMENTS, RISK SIGNALS, SUSPECTED FRAUD OR ABUSE, SECURITY OR COMPLIANCE CONCERNS, OPERATIONAL PROTECTION REQUIREMENTS, OR ANY OTHER LEGITIMATE BUSINESS, TECHNICAL, OR LEGAL REASON. NO CUSTOMER IS GUARANTEED UNLIMITED ACCESS TO ANY FEATURE, AND NO EXPECTATION BASED ON PRIOR AVAILABILITY CREATES A CONTINUING RIGHT TO THAT ACCESS.

Trial and Beta Services

bldrAgent may offer free trials or pre-release (beta) services. Such services are provided "as-is" with no warranties and may be modified or discontinued at any time without liability. In no event shall bldrAgent's total aggregate liability for Trial or Beta services exceed $100 USD.

3. Accounts and User Responsibilities

Account Registration

To use the Platform, you must register for an account and provide accurate, complete, and up-to-date information. You must be at least 13 years old (or 16 years old if you are in the European Union) to create an account.

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not share login credentials or allow unauthorized access. You agree to notify bldrAgent immediately at [email protected] if you become aware of any unauthorized use of your account.

SSO / OAuth Registration

You may register or sign in using a third-party Single Sign-On provider (e.g., Google, GitHub). By doing so, you authorize bldrAgent to access certain account information from that provider, subject to your agreement with that provider's terms.

4. Customer Data

Ownership

As between you and bldrAgent, you retain all rights, title, and interest in and to any data, content, or materials you upload or input into the Platform ("Customer Data").

License to bldrAgent

You grant bldrAgent a non-exclusive, worldwide, royalty-free license to access, process, store, and use your Customer Data solely to the extent necessary to provide and improve the Platform services, enforce these Terms, and comply with applicable law.

Your Responsibilities

You represent and warrant that: (i) you own or have all necessary rights to upload your Customer Data; (ii) your Customer Data does not infringe any third-party intellectual property, privacy, or other rights; (iii) your Customer Data and use of the Platform comply with all applicable laws; and (iv) you will not upload sensitive regulated data (e.g., protected health information or payment card data) without prior written agreement from bldrAgent.

5. Intellectual Property

bldrAgent IP

All rights, title, and interest in and to the Platform, Website, associated software, documentation, trademarks, logos, and underlying technology are and remain the exclusive property of bldrAgent and its licensors. These Terms do not transfer any ownership of bldrAgent IP to you.

Generated Output

Subject to bldrAgent's ownership of the Platform, and to the extent such rights exist under applicable law, you own the websites, mobile apps, and other content generated by the Platform from your prompts and Customer Data ("Generated Output"). bldrAgent relinquishes any rights it may have in your Generated Output. You acknowledge that due to the nature of AI, Generated Output may not be unique and other users could receive similar output.

Feedback

If you provide bldrAgent with suggestions, ideas, or other feedback regarding the Platform ("Feedback"), you hereby assign to bldrAgent all right, title, and interest in such Feedback. bldrAgent may use Feedback for any purpose without compensation to you.

6. Acceptable Use and Restrictions

You agree not to, and not to permit others to:

• Use the Platform for any unlawful, harmful, abusive, defamatory, or fraudulent purpose.
• Create, upload, publish, transmit, or distribute any content, project, or Generated Output that violates any applicable law, regulation, or third-party right.
• Create, upload, publish, transmit, or distribute content that infringes, misappropriates, or otherwise violates any intellectual property right, including copyright, trademark, patent, trade secret, or moral rights.
• Create, upload, publish, transmit, or distribute content associated with criminal conduct, including fraud, theft, trafficking, money laundering, terrorism, child exploitation, or other unlawful activity.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform.
• Copy, modify, or create derivative works of the Platform or its documentation.
• Sublicense, resell, rent, or transfer your rights to use the Platform to any third party.
• Use the Platform to build, train, or improve a competing product or service.
• Bypass any security, rate-limiting, or access control measures.
• Access the Platform through automated means (e.g., bots, scrapers) except via our published APIs.
• Upload malicious code, viruses, or any content designed to disrupt or damage the Platform.
• Use the Platform to send unsolicited or unauthorized communications (spam).
• Use the Platform in any safety-critical application where failure could cause bodily harm, property damage, or significant financial loss (e.g., aviation, medical devices, nuclear systems).
• Use the Generated Output to provide professional services requiring a license (e.g., legal or medical advice) without holding such a license.
• Use the Platform in a manner that infringes the intellectual property rights of any third party.

bldrAgent may, but is not obligated to, perform periodic reviews, audits, and monitoring of projects, Customer Data, and Generated Output for compliance with these Terms and applicable law. You acknowledge and agree that bldrAgent may remove content, restrict access, suspend accounts, or terminate accounts at its sole discretion where bldrAgent reasonably believes a violation may have occurred.

YOU ACKNOWLEDGE AND AGREE THAT BLDRAGENT MAY IMMEDIATELY SUSPEND OR TERMINATE ACCESS, WITHOUT PRIOR NOTICE, UPON CREDIBLE SUSPICION OF ILLEGAL, INFRINGING, OR OTHERWISE PROHIBITED ACTIVITY, AND MAY PRESERVE, USE, AND DISCLOSE RELEVANT ACCOUNT OR CONTENT INFORMATION TO LAW ENFORCEMENT, REGULATORY AUTHORITIES, RIGHTS HOLDERS, OR OTHER COMPETENT AUTHORITIES AS REQUIRED OR PERMITTED BY APPLICABLE LAW.

7. Third-Party and AI Services

The Platform integrates with third-party services and AI models (including but not limited to Anthropic Claude) to generate output. These third-party services are subject to their own terms and are outside bldrAgent's control. bldrAgent does not endorse or warrant any third-party service.

You acknowledge that AI-generated content may contain errors, omissions, or inaccuracies ("hallucinations"). It is your sole responsibility to review, verify, and validate all Generated Output before use, particularly before deploying it in any production environment or making it available to end users.

8. Subscription and Payments

Fees

Access to the Platform is provided on a subscription basis at the fees set forth on our Pricing page. All fees are stated in US dollars and are exclusive of applicable taxes. bldrAgent may change its pricing upon notice to you; price increases will take effect at the start of your next Subscription Term.

Billing and Auto-Renewal

Subscriptions renew automatically at the end of each billing period (monthly or annually) unless canceled at least 30 days before the renewal date. By subscribing, you authorize bldrAgent (or its payment processor, Stripe) to charge your payment method on file for each renewal. Fees are non-refundable except as required by applicable law or expressly stated in these Terms.

Taxes

You are responsible for all taxes, levies, and duties applicable to your purchase, excluding taxes on bldrAgent's income. bldrAgent will charge applicable taxes where legally required.

AI Message Fair Access Weekly Allocation

To maintain reliable service and fair access across all customers, bldrAgent applies a weekly session allocation to AI message credits. This weekly allocation applies to AI message usage only. Other credit-based actions may continue to use your available credit balance under your plan rules.

At the beginning of each 7-day window, bldrAgent calculates your AI message allocation for that window by dividing your current credit balance by the number of weekly windows remaining in your current monthly billing cycle. This means your weekly AI allocation can change from week to week based on your current remaining balance and time left in the cycle.

If you exhaust your weekly AI message allocation before the window resets, additional AI message requests may be blocked until the next 7-day window begins, even if your total monthly credit balance is greater than zero. These controls are part of bldrAgent's fair-use protections and may be refined over time to protect platform stability and customer experience.

8A. bldrExpert Services, Scoping, and Limited Guarantee

Scoped Card-Based Work

bldrExpert services are offered as separately scoped, card-based professional services that may be requested through the Platform. Before work begins, the requested work is analyzed and divided into one or more cards or jobs with defined deliverables, pricing, and acceptance criteria. The approved scope of the card or job, as recorded in the Platform, is the sole basis for pricing, review, and any limited guarantee remedy.

Change Requests and New Scope

Any feature request, revision, enhancement, expansion, or other change requested after a card or job has been accepted, assigned, or started is considered new scope unless expressly approved by bldrAgent in writing through the Platform. New scope may require creation of a new card or a new bldrExpert job and may be priced separately. You acknowledge that bldrAgent may reject any attempt to enlarge a single card beyond its intended effort, time allocation, or acceptance criteria.

Rates and Pricing

bldrExpert rates, worker categories, and pricing logic may change at any time prior to your approval of a specific card or job. Once you approve and fund a specific scoped card or job, the displayed price for that approved scope applies to that scope only. Future cards, future jobs, revisions, maintenance, and additional work may be quoted at different rates then in effect.

Assignment and Independent Contractors

bldrAgent may use automated systems, internal operations, or a combination of both to determine the appropriate worker type and assign work. Unless expressly stated otherwise in a separate written agreement, bldrExperts are independent third-party service providers and are not employees, agents, partners, joint venturers, fiduciaries, or representatives of bldrAgent. bldrAgent does not guarantee that any particular individual worker will be available, assigned, retained, or reassigned for any request.

Limited bldrExpert Guarantee

If, in bldrAgent's reasonable determination, the delivered work for a funded card materially fails to match the approved scoped deliverables for that card, bldrAgent may, in its sole discretion, provide one of the following limited remedies: (i) a refund of some or all escrowed funds associated with the affected card or job; or (ii) an attempt to reassign the scoped work to another qualified bldrExpert. Any reassignment is discretionary and depends on scope, worker availability, technical feasibility, and other operational factors. Reassignment is not guaranteed.

THE bldrExpert GUARANTEE IS LIMITED SOLELY TO THE EXPRESS REMEDIES STATED IN THIS SECTION. IT DOES NOT COVER NEW SCOPE, BUSINESS LOSSES, LOST PROFITS, MISSED DEADLINES OUTSIDE THE APPROVED SCOPE, CUSTOMER DELAYS, THIRD-PARTY FAILURES, PRE-EXISTING DEFECTS, OR CONSEQUENCES ARISING FROM YOUR OWN IMPLEMENTATION, APPROVALS, OR DEPLOYMENT DECISIONS.

Disputes Concerning bldrExpert Services

If you dispute a bldrExpert delivery, billing item, or acceptance decision, you must submit the dispute through the Platform or by contacting bldrAgent support with sufficient documentation, including the affected card, the approved scope, and the basis of the dispute. bldrAgent may pause release of escrowed funds while it reviews the dispute in good faith using the job record, platform communications, deliverables, and any other relevant materials. bldrAgent may request additional information from any involved party. If the matter is not resolved through this ordinary internal review process, the dispute will proceed under Section 14.

No Responsibility for Worker Conduct or Project Damage

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED REMEDIES SET FORTH IN THIS SECTION, BLDRAGENT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS, OMISSIONS, NEGLIGENCE, MISCONDUCT, CODE CHANGES, SECURITY FAILURES, DATA LOSS, DATA CORRUPTION, INFRASTRUCTURE DAMAGE, SERVICE INTERRUPTIONS, DELETIONS, MISCONFIGURATIONS, OR OTHER HARM ALLEGEDLY CAUSED BY A bldrExpert OR BY ANY IMPLEMENTATION, MERGE, DEPLOYMENT, OR OPERATIONAL DECISION RELATING TO bldrExpert SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS, ACCESS CONTROLS, TESTING, STAGING, CHANGE REVIEW, AND DISASTER RECOVERY PRACTICES.

9. Term and Termination

Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are issued for the remaining portion of a paid term except as required by law.

Termination by bldrAgent

bldrAgent may suspend or terminate your access to the Platform immediately, without prior notice, if: (i) you breach these Terms; (ii) your use poses a security risk or causes harm to bldrAgent or third parties; or (iii) payment cannot be processed. bldrAgent reserves the right to terminate accounts that have been inactive for an extended period.

Effect of Termination

Upon termination, all licenses granted to you immediately expire. You must cease all use of the Platform. bldrAgent will make your Customer Data available for export within 15 days of termination upon written request, after which it may be permanently deleted. Accrued payment obligations survive termination.

10. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Each party will use such information only as necessary to fulfill its obligations under these Terms and will protect it with at least the same degree of care it uses for its own confidential information.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, WEBSITE, AND ALL GENERATED OUTPUT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, NON-INFRINGEMENT, OR TITLE. BLDRAGENT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. BLDRAGENT MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY GENERATED OUTPUT. YOUR USE OF THE PLATFORM AND ANY GENERATED OUTPUT IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLDRAGENT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLDRAGENT SHALL HAVE NO LIABILITY FOR ANY USER-GENERATED CONTENT, CUSTOMER DATA, PROJECT MATERIALS, OR GENERATED OUTPUT CREATED, UPLOADED, PUBLISHED, DISTRIBUTED, OR OTHERWISE USED BY YOU OR ANY THIRD PARTY, INCLUDING ANY ILLEGAL, INFRINGING, DEFAMATORY, FRAUDULENT, OR HARMFUL USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR YOUR PROJECTS, THEIR CONTENT, THEIR DISTRIBUTION, AND THEIR LEGAL COMPLIANCE.

BLDRAGENT'S TOTAL AGGREGATE LIABILITY FOR ALL DIRECT CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO BLDRAGENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless bldrAgent, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Platform or Generated Output; (ii) your Customer Data; (iii) your violation of these Terms or applicable law; or (iv) any claims by your end users related to products or services built using the Platform.

14. Dispute Resolution and Arbitration

Informal Resolution

Before filing any formal dispute, you agree to contact bldrAgent at [email protected] and attempt to resolve the matter informally within 30 days.

Binding Arbitration

If informal resolution fails, and unless prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. Arbitration shall be conducted in English on an individual basis. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BLDRAGENT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out

You may opt out of binding arbitration by emailing [email protected] within 30 days of first agreeing to these Terms. Your opt-out notice must include your full name, account email, and a clear statement that you are opting out of arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws provisions. Subject to the arbitration provisions above, each party consents to the exclusive personal jurisdiction and venue of the state and federal courts located in Delaware for any disputes not subject to arbitration.

16. Miscellaneous

• Amendments: bldrAgent may update these Terms at any time by posting the revised version on the Website. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
• Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between you and bldrAgent regarding the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• No Waiver: Failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without bldrAgent's prior written consent. bldrAgent may assign these Terms without restriction.
• Force Majeure: Neither party will be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.
• Relationship: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17. Contact

For questions about these Terms, please contact us at: