BuildFolio Terms of Use

1. Acceptance of Terms

By creating an account or using BuildFolio, you agree to these Terms, our Privacy Policy, and any additional terms that may apply to specific features of the Service. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

BuildFolio is a platform that enables users to:

• Create and manage online portfolios showcasing projects, including those created with AI assistance
• Share, display, and organize creative work and professional projects
• Connect with other creators and discover projects
• Access additional features and services that we may offer from time to time

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility

3.1 Age Requirements

You must be at least 13 years old to use BuildFolio. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

3.2 Age Verification

During account registration, you must provide your date of birth. By creating an account, you represent and warrant that:

• You are at least 13 years of age
• All information you provide is accurate and truthful
• If you are between 13-17, you have obtained permission from a parent or legal guardian

3.3 Enforcement

We do not knowingly collect information from or maintain accounts for children under 13. If we learn that a user is under 13:

• We will immediately terminate the account
• We will delete all associated personal information
• We will not retain any data except as required by law

If you are a parent or guardian and believe your child under 13 has created an account, please contact us immediately at privacy@buildfolio.ai.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Username Policy

Your username must not:

• Impersonate another person or entity
• Violate any trademark or intellectual property rights
• Be offensive, obscene, or otherwise inappropriate

We reserve the right to reclaim usernames that violate these policies or are inactive for extended periods.

5. User Content

5.1 Your Content

You retain all rights to the content you upload, post, or display on BuildFolio ("Your Content"). This includes projects, descriptions, images, links, and any other materials you submit.

5.2 License to BuildFolio

By posting Your Content on the Service, you grant BuildFolio a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, reproduce, modify, adapt, publish, and display Your Content
• Create derivative works from Your Content
• Distribute Your Content through the Service and our promotional materials
• Sublicense these rights to third parties for the purpose of operating and promoting the Service

This license exists only for the purpose of operating, developing, providing, and improving the Service and developing new services.

5.3 Content Removal

You can remove Your Content at any time by deleting it from the Service. However, copies may remain in cached and archived pages, or if other users have shared Your Content.

5.4 AI-Generated Content

If you post content created with the assistance of AI tools:

• You represent that you have the right to post such content
• You are responsible for ensuring compliance with the terms of any AI tools used
• You acknowledge that AI-generated content may have unique intellectual property considerations

5.5 Content Standards

Your Content must not:

• Violate any law or regulation
• Infringe on any third party's intellectual property, privacy, or other rights
• Contain malware, viruses, or other harmful code
• Be deceptive, misleading, or fraudulent
• Contain hate speech, harassment, or content that promotes violence
• Include private or confidential information of others without permission
• Contain sexually explicit material involving minors
• Spam, scam, or otherwise harm other users

5.6 Content Monitoring

We reserve the right (but have no obligation) to:

• Monitor, review, or remove any Content at our sole discretion
• Terminate accounts that violate these Terms
• Cooperate with law enforcement regarding illegal content

6. Intellectual Property

6.1 BuildFolio's IP

The Service, including its design, features, functionality, code, logos, and trademarks (including the BuildFolio name and logo), is owned by Eagle AI LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express permission.

6.2 User Submissions

By submitting ideas, suggestions, feedback, or other information about the Service ("Submissions"), you grant us the right to use such Submissions without any obligation to you, including compensation or attribution.

6.3 DMCA Policy

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at legal@buildfolio.ai with:

• A description of the copyrighted work
• The location of the infringing material on our Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

7. Paid Services and Transactions

7.1 Future Paid Features

We may offer paid features, subscriptions, or services in the future ("Paid Services"). By purchasing Paid Services, you agree to pay all applicable fees and authorize us to charge your payment method.

7.2 Pricing and Billing

• All fees are in U.S. dollars unless otherwise stated
• Fees are non-refundable except as required by law or as explicitly stated
• We reserve the right to change pricing at any time with reasonable notice
• Recurring subscriptions will automatically renew unless cancelled

7.3 Third-Party Payment Processors

We may use third-party payment processors (e.g., Stripe). Your use of payment services is subject to their terms and privacy policies.

7.4 Marketplace Features

We may enable features that allow users to:

• Offer products, services, or content for sale
• Purchase products, services, or content from other users
• Receive payments from other users

By using such features, you agree to:

• Comply with all applicable laws, including tax obligations
• Ensure you have the right to sell any content or services offered
• Fulfill all obligations to buyers
• Accept our fees and payment processing terms

We may charge platform fees for marketplace transactions. We are not responsible for disputes between buyers and sellers, though we may offer dispute resolution services at our discretion.

8. Prohibited Conduct

You agree not to:

• Violate any laws or regulations
• Impersonate any person or entity
• Harass, threaten, or harm other users
• Use the Service for unauthorized commercial purposes (except as permitted by marketplace features)
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Collect or harvest user information without consent
• Post content that violates these Terms
• Circumvent any security features or access controls
• Engage in any activity that could damage, disable, or impair the Service

9. Reporting Violations

9.1 How to Report

If you encounter content or behavior that violates these Terms, you can report it by:

• Using the "Report" feature on the relevant content or profile
• Emailing report@buildfolio.ai with details of the violation
• For copyright issues: legal@buildfolio.ai
• For privacy concerns involving minors: privacy@buildfolio.ai

9.2 What to Include

When reporting, please provide:

• Your contact information
• Description of the violation
• Location of the violating content (URL or username)
• Any supporting evidence or context

9.3 Our Response

We will:

• Review all reports promptly
• Take appropriate action based on our investigation
• Maintain confidentiality of reporters where possible
• Not retaliate against users who make good faith reports

We are not obligated to respond to every report individually, but we take all reports seriously.

10. Privacy

Your privacy is important to us. Please review our Privacy Policy at buildfolio.ai/privacy to understand how we collect, use, and protect your information.

11. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for:

• The content or practices of third-party sites
• Your use of third-party services
• Any disputes arising from third-party interactions

Your use of third-party services is governed by their respective terms and privacy policies.

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Defects will be corrected

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDFOLIO, EAGLE AI LLC, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA; (iii) USER CONTENT OR CONDUCT; (iv) ANY THIRD-PARTY CONTENT OR CONDUCT

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

12.3 User Transactions

We are not a party to any transactions between users. We do not guarantee:

• The quality, safety, or legality of items or services listed
• The accuracy of user listings or content
• The ability of sellers to complete transactions
• The ability of buyers to pay for items or services

You release us from any claims, damages, or disputes arising from user-to-user transactions.

13. Indemnification

You agree to indemnify, defend, and hold harmless BuildFolio, Eagle AI LLC, and their respective affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

14. Termination

14.1 By You

You may terminate your account at any time by contacting us or using account deletion features in your account settings. Termination does not relieve you of any obligations incurred prior to termination.

14.2 By Us

We may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended inactivity
• Being under the age of 13
• Any other reason at our sole discretion

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete Your Content (though we are not obligated to)
• Provisions that should survive termination will remain in effect (including Sections 5, 6, 12, 13, and 16)

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@buildfolio.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email.

15.3 Arbitration Agreement

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration, not in court, except that:

• You may assert claims in small claims court if they qualify
• Either party may seek injunctive relief in court for intellectual property infringement

You agree to waive your right to a jury trial and to participate in class actions.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Delaware or another mutually agreed location. You may opt out of this arbitration agreement within 30 days of account creation by emailing legal@buildfolio.ai with "Arbitration Opt-Out" in the subject line.

15.4 Exceptions

This arbitration agreement does not apply to residents of jurisdictions where such agreements are not enforceable by law.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and BuildFolio regarding the Service.

16.2 Severability

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

16.3 No Waiver

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

16.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms to any affiliate or successor without restriction.

16.5 Force Majeure

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

16.6 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting notice on the Service
• Sending an email to your registered address
• Displaying a prominent notice upon login

Changes will be effective immediately upon posting unless otherwise specified. Your continued use after changes constitutes acceptance. If you do not agree to changes, you must stop using the Service and may terminate your account.

17. Contact Information

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

For specific issues:

• General support: support@buildfolio.ai
• Privacy concerns: privacy@buildfolio.ai
• Copyright/DMCA: legal@buildfolio.ai
• Report violations: report@buildfolio.ai

Physical address will be added as required by applicable law.