Terms of Service

1. Introduction and Acceptance

Welcome to Buildorado. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FAIND Inc., a C Corporation registered in the State of Delaware, United States, operating as Buildorado from Santa Clara, California ("FAIND," "Company," "Buildorado," "we," "us," or "our") governing your access to and use of our website at buildorado.io, our applications, and all related services (collectively, the "Services").

By accessing or using our Services, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

Buildorado is a platform that enables users to build websites, create forms, and automate workflows. Our Services include:

• Build and publish websites using our AI-powered website builder, including custom domains and hosted pages
• Create forms with conditional logic and branching
• Process payments through integrated payment providers (Stripe, PayPal)
• Build automated workflows connecting various third-party services
• Collect, manage, and export form submission data
• Generate forms, websites, and workflows using AI-assisted tools
• Integrate with third-party applications (Slack, Calendly, Google, and others)

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country
• Not be listed on any U.S. government list of prohibited or restricted parties

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3.1 Children and Minors (COPPA Compliance)

Our Services are not intended for use by anyone under 18 years of age. We do not knowingly collect personal information from children under 13. You must not create forms, websites, or workflows that knowingly target or collect personal information from children under 13 without verifiable parental consent as required by the Children's Online Privacy Protection Act (COPPA).

If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information promptly. If you become aware of any data from children under 13 on the platform, contact us immediately at [email protected].

4. Account Registration and Security

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that appear to be shared or compromised.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

5.1 Prohibited Activities

You agree NOT to use the Services to:

• Violate any applicable federal, state, local, or international law or regulation
• Send spam, phishing emails, or other unsolicited communications
• Collect personal information from users without their explicit consent
• Engage in any fraudulent, deceptive, or misleading activities
• Distribute malware, viruses, or any other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to develop a competing product or service
• Scrape, harvest, or collect data from the Services without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Promote violence, discrimination, or illegal activities
• Collect or process sensitive personal data (health, financial, government IDs) without proper legal basis and security measures
• Use excessive computational resources, generate abnormal traffic patterns, or engage in any activity that degrades service quality for other users
• Create multiple accounts to circumvent usage limits, bans, or enforcement actions
• Resell, sublicense, or redistribute access to the Services without our prior written consent

5.2 Website Builder Restrictions

Websites you create, publish, or host through our website builder must not:

• Impersonate or create counterfeit versions of other businesses, brands, organizations, or individuals
• Host phishing pages, credential-harvesting forms, or deceptive login screens designed to steal user information
• Distribute, link to, or promote malware, ransomware, spyware, or any malicious software
• Contain or promote illegal content, including but not limited to pirated material, illegal drugs, weapons trafficking, or exploitation
• Host, distribute, or link to child sexual abuse material (CSAM) or any content exploiting minors
• Promote or facilitate terrorism, extremism, or hate speech targeting individuals based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Operate as unlicensed financial services, cryptocurrency scams, pyramid schemes, or Ponzi schemes
• Contain content that infringes on copyrights, trademarks, or other intellectual property rights of third parties
• Be used for SEO spam, link farms, doorway pages, or other search engine manipulation techniques
• Host adult or sexually explicit content without proper age-gating and legal compliance
• Violate any applicable laws or regulations in the jurisdictions where they are accessible
• Consume excessive bandwidth, storage, or server resources beyond reasonable use

You are solely responsible for all content published on websites you create through our Services. We reserve the right to remove, suspend, or disable any website at any time without prior notice if we determine, in our sole discretion, that it violates these Terms or poses a risk to our platform, users, or third parties.

We reserve the right to monitor published websites for abuse and may cooperate with law enforcement and regulatory authorities when required. Violations may result in immediate account termination and referral to appropriate authorities.

5.3 Workflow Builder Restrictions

Workflows and automations you create must not:

• Send unsolicited bulk messages (spam) via email, SMS, Slack, or any connected service
• Automate harassment, stalking, or targeted abuse of individuals
• Circumvent rate limits, authentication requirements, or terms of service of connected third-party services
• Exfiltrate, scrape, or harvest data from connected services beyond what is authorized by the user and the third-party service
• Create automated processes that facilitate fraud, money laundering, or other financial crimes
• Trigger excessive API calls or resource consumption that could degrade service quality
• Automate the creation of fake accounts, reviews, social media engagement, or other deceptive content
• Process or transmit data in violation of applicable data protection laws (GDPR, CCPA, HIPAA, etc.)

We enforce rate limits on outbound API calls, workflow executions, and resource consumption. We reserve the right to throttle, suspend, or terminate workflows that exceed these limits, exhibit abusive patterns, or violate the terms of connected third-party services. While we implement reasonable safeguards such as rate limiting and anomaly detection, we are not liable for damage caused by workflows you configure. You are responsible for ensuring your workflows comply with the terms of all third-party services you connect.

5.4 Form Content Restrictions

Forms you create must not:

• Infringe on intellectual property rights of others
• Contain defamatory, obscene, or offensive content
• Violate the privacy rights of any third party
• Be used to collect data from minors without parental consent (where required by law)
• Deceive respondents about how their data will be used
• Collect credentials, passwords, or sensitive authentication information under false pretenses
• Impersonate government agencies, financial institutions, or other trusted entities to extract personal information

5.5 Enforcement and Consequences

Violations of this Acceptable Use Policy may result in one or more of the following actions, at our sole discretion:

• Warning notification sent to the account holder
• Immediate removal or disabling of offending content, websites, forms, or workflows
• Temporary suspension of your account
• Permanent termination of your account without refund
• Reporting to law enforcement or regulatory authorities
• Pursuit of legal remedies, including seeking injunctive relief and damages

For non-urgent violations, we will make reasonable efforts to notify you and provide a 48-hour cure period before taking enforcement action. However, we reserve the right to take action without prior notice in cases of severe violations, imminent harm, active phishing or malware distribution, or illegal activity.

You acknowledge that we have no obligation to monitor content but may do so at our discretion.

5.6 Appeals

If your content is removed or your account is suspended, you may submit an appeal to [email protected] within 14 days of the enforcement action. Appeals must include your account details and an explanation of why you believe the action was taken in error. We will review your appeal and respond within 10 business days. Our decision on appeal is final. Repeated violations or violations involving illegal activity are not eligible for appeal.

6. User Content and Data

6.1 Your Content

You retain ownership of all content you create, upload, or submit through the Services ("User Content"), including forms, workflows, and configurations. By using the Services, you grant us a limited, non-exclusive, worldwide license to use, host, store, reproduce, and display your User Content solely for the purpose of providing and improving the Services.

6.2 Form Submission Data

Data collected through forms you create ("Submission Data") belongs to you. You are the data controller for this data and are solely responsible for:

• Obtaining appropriate consent from respondents
• Informing respondents about how their data will be used
• Complying with applicable data protection laws (GDPR, CCPA, etc.)
• Responding to data subject requests from respondents
• Maintaining appropriate security measures for sensitive data

We process Submission Data solely on your behalf and according to your instructions. We will not sell, rent, or share Submission Data with third parties except as necessary to provide the Services or as required by law.

6.3 Data Retention and Deletion

You may delete your User Content and Submission Data at any time through your account settings. Upon account termination, we will delete your data in accordance with our data retention policies and applicable law. Some data may be retained in backups for a limited period.

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, and other content (excluding User Content), are owned by Buildorado or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

8. Third-Party Services and Integrations

Our Services allow you to connect with third-party applications and services ("Third-Party Services"). Your use of Third-Party Services is subject to their respective terms of service and privacy policies.

We do not control and are not responsible for:

• The availability, accuracy, or quality of Third-Party Services
• How Third-Party Services handle your data
• Any changes or discontinuation of Third-Party Services
• Any actions taken by Third-Party Service providers

You are responsible for reviewing and complying with the terms of any Third-Party Services you use. Any data you share with Third-Party Services through our integrations is at your own risk.

9. Payment Terms

9.1 Subscription Plans

We offer both free and paid subscription plans. Paid plans provide access to additional features and increased usage limits. Current pricing and plan details are available on our website.

9.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your payment method for all fees due. You are responsible for keeping your payment information current.

9.3 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period (monthly or annually) at the then-current rate unless you cancel before the renewal date. By subscribing, you expressly consent to automatic renewal charges to your payment method on file.

We will send you a confirmation email at the time of your initial subscription that includes: the renewal terms, the amount that will be charged, the renewal date, and clear instructions on how to cancel. For annual subscriptions, we will also send a reminder email at least 30 days before your renewal date.

You may cancel your subscription at any time through your account settings (Dashboard > Settings > Billing). Cancellation takes effect at the end of your current billing period. No partial refunds are provided for the remaining period after cancellation.

9.4 Refunds

Annual subscriptions are eligible for a full refund within 30 days of initial purchase if you are not satisfied with the Services. Monthly subscriptions are non-refundable. Refund requests should be sent to [email protected].

9.5 Price Changes

We may change our prices at any time. Price changes will take effect at your next billing cycle after 30 days' notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

9.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, except for taxes based on our net income.

9.7 Payments Collected Through Your Forms and Websites

If you use our Services to collect payments from your customers or website visitors through forms, embedded checkout, or other payment features, you acknowledge that:

• Buildorado is not a party to the transaction between you and your customer
• Payment processing is handled directly by third-party payment processors (Stripe, PayPal) under your own merchant account and their respective terms of service
• You are solely responsible for fulfilling orders, providing refunds, handling chargebacks, and resolving disputes with your customers
• We are not liable for any losses arising from payment fraud, chargebacks, or disputes between you and your customers
• You must comply with all applicable payment card industry (PCI) standards and regulations

We reserve the right to disable payment features on your account if we detect fraudulent activity, excessive chargebacks, or violations of payment processor terms.

10. Free Plans and Trials

We may offer free plans or trial periods for paid features. Free plans and trials are provided "as is" without any warranties. We reserve the right to modify, limit, or discontinue free plans or trials at any time.

If a free trial converts to a paid subscription, you will be charged unless you cancel before the trial ends. We will notify you before your trial expires.

11. AI-Powered Features

Our Services include AI-powered features for generating websites, forms, workflows, and other content. By using these features, you acknowledge and agree that:

• AI-generated content (including website designs, code, text, and layouts) may not be accurate, complete, or suitable for your specific needs
• You are solely responsible for reviewing, validating, and ensuring the legality of all AI-generated content before publishing or use
• AI-generated websites and content are subject to the same Acceptable Use Policy and content restrictions as manually created content
• AI features must not be used to generate content that violates these Terms, including but not limited to phishing pages, deceptive websites, or illegal content
• AI features should not be relied upon for critical decisions involving legal, medical, financial, or safety matters
• We may use anonymized data to improve our AI models
• We reserve the right to limit, throttle, or revoke access to AI features if we detect abuse, excessive usage, or generation of prohibited content

You retain ownership of content generated using our AI features, subject to these Terms. However, you assume full legal responsibility for any AI-generated content that you publish, distribute, or otherwise make available.

AI-generated content may unintentionally reproduce or resemble copyrighted material, trademarks, or other protected works. You are solely responsible for reviewing AI-generated output for potential intellectual property issues before publishing. We do not warrant that AI-generated content is free from third-party intellectual property claims. If you receive a copyright or trademark complaint regarding AI-generated content, you must promptly remove the content and notify us.

We maintain a repeat-infringer policy. Accounts that are the subject of repeated valid intellectual property complaints may be permanently terminated.

12. Website Hosting and Published Content

12.1 Hosting

When you publish a website through our website builder, we host that website on our cloud infrastructure (AWS and Cloudflare). For free plans, hosting is provided on an "as is" and "as available" basis without uptime guarantees. For paid plans, we use commercially reasonable efforts to maintain availability, including multi-region infrastructure and CDN delivery, but we do not guarantee specific uptime percentages unless otherwise stated in a separate service level agreement.

12.2 Custom Domains

If you connect a custom domain to your published website, you are responsible for maintaining domain registration, DNS configuration, and compliance with your domain registrar's terms. We are not responsible for domain-related issues including expiration, transfer disputes, or DNS misconfigurations.

12.3 Content Takedown and DMCA

We comply with applicable laws regarding content takedown, including the Digital Millennium Copyright Act (DMCA). If you believe content on a website hosted through our Services infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

Your notice must include: (1) identification of the copyrighted work, (2) identification of the infringing material and its location, (3) your contact information, (4) a statement of good faith belief that the use is unauthorized, (5) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf, and (6) your physical or electronic signature.

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification to the DMCA Agent above, including: (1) identification of the removed material, (2) a statement under penalty of perjury that the removal was a mistake, (3) your name, address, and phone number, (4) consent to jurisdiction in Santa Clara County, California, and (5) your signature. We will restore the content within 10-14 business days unless the complainant files a court action.

We reserve the right to remove or disable access to any published website that:

• Violates these Terms or our Acceptable Use Policy
• Is subject to a valid legal complaint or takedown request
• Poses a security risk to our infrastructure or other users
• Is reported as abusive, fraudulent, or harmful by users or third parties
• Consumes resources beyond the limits of your subscription plan

12.4 Accessibility

We strive to make our platform accessible and provide tools that support creating accessible content. However, you are solely responsible for ensuring that websites, forms, and content you create and publish through our Services comply with applicable accessibility laws and standards, including the Americans with Disabilities Act (ADA), Section 508, and Web Content Accessibility Guidelines (WCAG). We do not guarantee that user-created content meets any specific accessibility standard.

12.5 Visitor Data on Published Websites

When visitors access websites you publish through our Services, we may collect basic analytics data (page views, visitor counts). You are the data controller for any additional data collection on your published websites (such as forms embedded on the site) and are responsible for providing appropriate privacy notices to your website visitors and complying with all applicable privacy laws.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease.

13.2 Termination by Us

We may suspend or terminate your account and access to the Services at any time, with or without cause, including if we reasonably believe that you have violated these Terms. We will make reasonable efforts to notify you before termination, except where prohibited by law or where immediate termination is necessary to protect the Services or other users.

13.3 Effect of Termination

Upon termination:

• Your license to use the Services immediately terminates
• You must cease all use of the Services
• All published websites will be taken offline immediately
• All active workflows will be deactivated
• Any outstanding fees become immediately due
• Provisions that by their nature should survive termination will survive

13.4 Post-Termination Data Export

For voluntary terminations (initiated by you), you will have 30 days after termination to export your data, including website configurations, form submission data, and workflow configurations, through your account dashboard or by contacting [email protected]. After the 30-day export period, your data will be permanently deleted in accordance with our data retention policies.

For involuntary terminations (initiated by us due to Terms violations), data export is provided at our discretion. Accounts terminated for illegal activity, active abuse, or severe policy violations may not be eligible for data export.

13.5 Inactive Accounts

We may terminate or delete accounts that have been inactive for 24 months or more, after providing reasonable notice to the email address associated with the account.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Services will meet your specific requirements
• The results obtained from the Services will be accurate or reliable

You use the Services at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDORADO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitation of liability for certain damages, so some of the above limitations may not apply to you.

16. Indemnification

You agree to indemnify, defend, and hold harmless Buildorado and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Content or Submission Data
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any claims brought by respondents to your forms
• Content published on websites you create through the Services
• Workflows or automations you configure that cause harm to third parties or connected services
• Claims arising from visitors to your published websites

Consumer protection notice: If you are using the Services as an individual consumer (not for business or professional purposes), this indemnification section applies only to the extent permitted by the consumer protection laws of your jurisdiction. Nothing in this section overrides mandatory consumer rights under applicable local law, including those in the European Economic Area, United Kingdom, or Australia.

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17.2 Informal Resolution

Before filing a formal legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

17.3 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in Santa Clara County, California, or remotely by mutual agreement. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions to arbitration: Either party may bring claims in small claims court (if the claim qualifies). Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions against us. The arbitrator may not consolidate proceedings or preside over any form of class or representative action.

17.5 Jurisdiction (Non-Arbitrable Claims)

For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

17.6 International Users

If you are a consumer in the European Economic Area, United Kingdom, Switzerland, or Australia, nothing in this section restricts your rights under mandatory local consumer protection laws. You may bring proceedings in your local courts as permitted by applicable mandatory law, and mandatory local consumer protection laws of your jurisdiction will apply to the extent they override the governing law above. The arbitration and class action waiver provisions in Sections 17.3 and 17.4 do not apply to consumers in jurisdictions where such provisions are prohibited by law.

18. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Buildorado regarding the Services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Contact Us

If you have any questions about these Terms of Service, please contact us: