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Terms & Conditions

Terms of Service

PLEASE READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING OUR SERVICES

A visitor to the Website (as defined below), current Customer (as defined below) or prospective Customer is subject to this Legal Disclaimer and Terms of Service (“Terms”), as set forth below.

You and Us

Welcome to Byld It (“Byld It”, the “Company,” “we,” “us,” and “our”). Formally, we are byld.it LLC. We provide our services (“Services”) online, including via our website at www.byld.it or any website owned by Byld It (collectively the “Website”), and other forms of communications such as email. Providing information on the Website also constitutes part of the Services.

We use the term “User” or “you” or “your” or “Visitor” or “Customer” to mean any past, current, or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. There will be no fees for Customers to use the Services unless stated explicitly in these Terms or in other notices from Byld It to Customers such as information on the Website.

These Terms govern your access to and use of our Services. By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labelled “I Agree” or “Buy Now” or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”). So long as you are a Customer, Byld It hereby grants you permission to use the software (“Software”) included in the Website as part of the Services. Your right to use the Software is revocable by Byld It, and is not sublicensable. Moreover, the Software must be used solely for personal use by you.

The information provided in the Website or via any other means of transmission from Byld It is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from Byld It is subject to these Terms.

Byld It reserves the right to change or update these Terms at any time. Changes or updates of these Terms will appear on the Website and/or be communicated to Customer and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.

Informational Purposes Only

The purpose and intent of Byld It is to provide you with general information, and not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes an advertisement for services. Byld It does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by Byld It, its representatives, agents, or otherwise. Byld It operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by Byld It constitutes legal, tax, or accounting advice.

The transmission and receipt of materials provided by Byld It is not intended to and does not create an attorney-client relationship. Also, providing any of the information made available at the Website or via other forms of transmission does not create a business, legal, or professional relationship.

Information Provided As-Is

Information obtained from Byld It or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete or up-to-date, and Byld It expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by Byld It or the Website.

Content

Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.

In addition to Customer Content, some of the Content on the Services and Website is owned by us (“Byld It Content”), and by partners and other entities (“Third Party Content”). You may use Byld It Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any Byld It Content to another website or sharing it with others.

We own Byld It Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. Byld It will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.

Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.

You grant Byld It and agree to grant Byld It a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.

You are responsible for your use of the Services, for your Content, and for the consequences of what you do.

By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that Byld It can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.

Minimum Age

You must be at least 18 years old to register with us and use the New Business Services such as LLC, S-Corporation, Non Profit, or Trademark Creation. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement. If anyone under the age of 18 (“Young Person”) provides any Content to us, the Young Person’s parent or guardian may contact us. We will delete any Content provided by the Young Person.

Privacy

Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.

Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy.

We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of Byld It, the Services, our customers and the general public.

Third-party Sites

The Website contains links to servers maintained by other businesses and organizations, which exist independently from Byld It or the Website. Byld It cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which Byld It is not responsible or liable in any way.

All third party information is provided without any warranty, express or implied, as to its legal effect and completeness.

For the avoidance of doubt, all charges imposed by such third parties - including but not limited to auto-renew fees for registered agent and/or any other services - cannot be reversed, discounted or in any way altered after those charges have been applied to your account.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY Byld It, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.

Cancellation Policy and Termination

Byld It may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of Byld It promotions. For example, if Byld It were to offer a promotion (such as a promotion on state incorporation), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of Byld It promotions. In such a case, Byld It reserves the right to refuse service or cancel any orders in which a Customer is misusing an Byld It promotion by attempting to use such promotion a second time or more. Byld It is not responsible for any damage or loss that may result from Byld It’s refusal or cancellation of Services for any reason.

An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within twenty-four hours after an order is placed), less a $30.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, Byld It cannot accept any cancellations or any other changes to an order. In the case of trademark filings, once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office, Byld It cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to Byld It making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in Review status. You must place your order on hold by clicking on the make changes button inside your order confirmation email and if the cancellation request meets Byld It’s requirements as stated above, as determined by Byld It at Byld It’s sole discretion, then Byld It will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. Byld It does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment by Byld It to a government entity or third party, or after a trademark search has been conducted) is submitted, Byld It reserves the right to take any actions Byld It deems appropriate at Byld It’s sole discretion. Such actions by Byld It include, but are not limited to, cancelling subscriptions or other Services and the dissolution of any entity formed for which payment was charged back or disputed by Customer. Customer shall be liable to Byld It for all costs incurred by Byld It in dissolving such legal entity. If Byld It is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a trademark filing, Customer agrees to dissolve such entity promptly or abandon the trademark filing, at the request by Byld It, or be liable to Byld It for liquidated damages in the amount of five hundred U.S. dollars (US$500) plus any and all costs incurred by Byld It to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. Byld It reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to Byld It for liquidated damages in the amount of ten thousand U.S. dollars (US$10,000) plus any and all costs incurred by Byld It to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.

We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.

We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Byld It and the Services.

Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.

Auto-renewal Services and Price Changes

Services provided by Byld It may automatically renew to keep a Customer’s legal entity in compliance with state or other government requirements. A current and active credit card on file will be charged by Byld It’s registered agent partner (e.g., RegAgeCorp), for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying Byld It of the change. If such notification is not provided to Byld It by the expiration date of the existing Registered Agent service, Byld It may automatically renew these Services. If Byld It is unable to complete an auto-renewal due to payment failure, Byld It may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by Byld It will not used for other purposes without Customer consent and permission. Byld It and Byld It’s registered agent partner (e.g., LegalInc) implement reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices for Services advertised on Byld It are subject to change at any time without notice.

Lawful Use

Customer hereby agrees, represents, and confirms that Customer will not use the information presented, products, Services or materials purchased from or provided by Byld It to commit fraud or any other illegal act or crime; to misrepresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by Byld It in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold Byld It, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against Byld It by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by Byld It.

Customer hereby agrees and confirms to give Byld It complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.

Byld It reserves the right to investigate complaints or reported violations of these Terms and to take any and all actions it deems necessary or appropriate including the reporting of any suspicious or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties. Byld It may disclose any information necessary or appropriate in this respect, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic, and other Customer Content.

As a condition to your right to access the Website and to use the Services, you agree to these Terms, including agreeing to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements and to provide accurate information to us and update it as necessary. You also agree to review our Privacy Policy, which may change from time to time as well as review and comply with notices sent by us concerning the Services.

You also agree to not act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content. Furthermore, you agree not to use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services. You will also not override any security component included in or underlying the Services.

Post-Formation Information and Maintenance

Customer acknowledges that Customer is solely responsible for the post-formation maintenance, reporting, filings, and any other documentation required to maintain formation status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer acknowledges that Byld It may provide Customer with information regarding post-formation maintenance. Byld It may provide updates, notifications and/or reminders to the postal address or email address or cellular telephone number provided by Customer or as a post or alert to Customer's online account (if applicable) solely as a courtesy and such does not create any liability on the part of Byld It. Byld It is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, cellular phone text, phone conversation, website posting, alert, or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) Byld It’s decision, in its sole discretion, to cease providing such information. Byld It makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer's sole responsibility to comply with all applicable state, local, federal, or international laws.

Limitation of Liability

CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL BYLD IT BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY BYLD IT (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).

TO THE EXTENT PERMITTED BY LAW, NEITHER BYLD IT NOR ANY OF BYLD IT AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID BYLD IT DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

NEITHER BYLD IT NOR ANY OF Byld It AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Waiver and Release

Customer hereby waives, discharges, and releases Byld It of any and all claims, losses, demands, or liability of any kind against Byld It, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of Byld It.

Customer also acknowledges and agrees that when third parties provide fulfillment services on Byld It's behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer's account.

Indemnification

Customer hereby agrees to indemnify, defend and hold harmless Byld It, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of Byld It. Customer hereby agrees to indemnify, defend and hold harmless Byld It, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.

You agree to defend, indemnify and hold Byld It and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“Byld It Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Byld It in the defense of any claim. Byld It reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against Byld It or Byld It Affiliates, without the prior written consent of Byld It, which consent Byld It may refuse in its sole discretion.

Choice of Law and Binding Arbitration

In the event of a dispute between you and Byld It, please contact Byld It customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from Byld It, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by Byld It, or with respect to any other products, services, or materials provided by Byld It, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Houston, Texas or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of Byld It in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by Byld It at Byld It’s sole discretion or after Byld It has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.

These Terms and any action related thereto are governed by the law of the State of Texas, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Should the arbitrator determine that the dispute is not arbitrable, Customer and Byld It consent to the exclusive jurisdiction and venue of the state and federal courts located in Houston, Texas, U.S.A.

Nothwithstanding anything to the contrary in these Terms, Infile can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court located in Houston, Texas. In such a case, Customer and Byld It consent to the exclusive jurisdiction and venue of the state and federal courts located in Houston, Texas.

General Provisions

Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel of your choice.

No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of Byld It. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.

CUSTOMER HEREBY AGREES THAT CUSTOMER HAS READ AND AGREES WITH THIS LEGAL DISCLAIMER AND TERMS AND CONDITIONS IN ITS ENTIRETY

BUILDER/ONLINE STORE/BUSINESS PERKS SERVICES TERMS

As used in these Terms of Service, “we”, “us” and “Byld It” means the applicable Byld It, LLC.

The services offered by Byld It under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own basic website or online store. Any such services offered by Byld It are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.byld.it/terms. Byld It reserves the right to update and change the Terms of Service by posting updates and changes to the Byld It website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

1. Account Terms

  1. To access and use the Services, you must register for a Byld It account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Byld It may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by Byld It for the purposes of carrying on a business activity or for any personal, household or family purpose.
  4. You acknowledge that Byld It will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Byld It and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Byld It can only be authenticated if they come from your primary Account email address.
  5. You are responsible for keeping your password secure. Byld It cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You acknowledge that you are responsible for the creation and operation of your Byld It e-commerce store, websites, and byz tools.
  7. Byld It is not a marketplace. Any contract of sale through your Byld It Store is directly between you and the buyer.
  8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Byld It may result in an immediate termination of your Services.

 

2. Account Activation

2.1 Site Owner

  1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Site Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Site Owner in connection with the Service. You are responsible for ensuring that the name of the Site Owner (including the legal name of the company that owns the site, if applicable) is clearly visible on the owner’s website.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Your Byld It Store/Website can only be associated with one owner. An owner may have multiple Byld It sites. “Sites” means the online store associated with the Account.

2.2 Staff Accounts

  1. Based on your Byld It pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
  2. The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
  3. The Store Owner and the users under Staff Accounts are each referred to as a “Byld It User”.

 

2.6 Domain Names

  1. Upon purchasing a domain name through Byld It, domain registration will be preset to automatically renew each year so long as your Byld It Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy. Additionally, you acknowledge and agree to the Rules of Engagement for the Sale of COVID-19 Related Products if you sell such products.

  1. Technical support in respect of the Services is only provided to Byld It Users.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Byld It may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Byld It’s website, available at https://www.Byld It/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Byld It’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. 
  4. You may not use the Byld It Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Byld It.
  6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Byld It or Byld It trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to Byld It Support.
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  9. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You acknowledge and agree that your use of the Services, including information transmitted to or stored by Byld It, is governed by its privacy policy at https://www.Byld.It/privacy
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Byld It’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.Byld.It/terms will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Byld It (acting in its sole discretion) or as required by applicable law.
  11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Byld It shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Byld It’s prior written consent, to be given or withheld in Byld It’s sole discretion.
  12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

 

  1. Byld It Contracting Party
  1. If the billing address of your Store is located in the United States or Canada, this Section 4(1) applies to you:

    a. “Byld It Contracting Party” means Byld It LLC, with offices located at 259 Rogers Avenue, Brooklyn, NY 11225.

    b. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of  New York State with respect to any dispute or claim arising out of or in connection with the Terms of Service. 

5. Byld It Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Byld It customer, Byld It employee, member, or officer will result in immediate Account termination.
  5. Byld It does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your website or online store.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Byld It employees and contractors may also be Byld It customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  8. Byld It retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Byld It reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

6. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Byld It’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

 

7. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Byld It shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall Byld It or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Byld It partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Byld It does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. Byld It does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. Byld It is not responsible for any of your tax obligations or liabilities related to the use of Byld It’s Services.
  7. Byld It does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Waiver, Severability, and Complete Agreement

The failure of Byld It to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Byld It and govern your use of the Services and your Account, superseding any prior agreements between you and Byld It (including, but not limited to, any prior versions of the Terms of Service).

9. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Byld It Service. All Materials you upload to your Byld It website or online store remains yours. You can remove your Byld It Store at any time by deleting your Account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Byld It to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Byld It can, at any time, review and delete all the Materials submitted to its Service, although Byld It is not obligated to do so.
  3. You retain ownership over all Materials that you upload to the website or online store; however, by making your website or online store public, you agree to allow others to view Materials that you post publicly to your website or online store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. Byld It shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website or online store to promote the Service.

12. Web Builder and Online Store

  1. You may establish the appearance of your Byld It website or online store with a design template from Byld It’s Theme (“a Theme”). If you download a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. You are not permitted to transfer or sell a Theme to any other person’s Store on Byld It or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. Byld It gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your website or online store. Byld It may add or modify the footer in a Theme that refers to Byld It at its discretion. Byld It may modify the Theme where it contains, in our sole discretion, an element that violates the Byld It provisions of the Terms of Service, even if you received the Theme in that condition. Byld It may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Byld It may take administrative action such as modifying your website or online store or closing your website or online store.
  4. Technical support for a Theme is the responsibility of the designer, and Byld It accepts no responsibility to provide such support. Byld It may be able to help you contact the designer.
  5. It is the responsibility of the user, and not Byld It, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

13. Business Perks

 

  1. Your Byld It Perks consists of Documents, Calendar, Sygn It, Invoices, Projex, Team Chat, Bin, Social Sites, and Super Forms. Byld It provides complimentary use of the business perks monthly.  All users can purchase either monthly or yearly. . Byld It may modify the business perks to reflect technical changes and updates as required.
  2. The intellectual property rights of the business perks remain the property of Byld It. If you exceed the rights granted by your purchase of Business Perks, Byld It may take legal action against you, and, without prejudice to our other rights or remedies, Byld It may take administrative action such as modifying your account or closing your account.
  3. Technical support for business perks is provided by Byld It.
  4. Free Plan beginning and end period: A Free Plan will begin when these terms of service are accepted by you (or, if applicable, the date that your Paid Plan automatically converts to a Free Plan, as set out below) and will continue until you cancel.

 

  1. Free Plan beginning and end period A Paid Plan will begin when you have selected the relevant ‘Paid Plan’ option (including whether you are on a monthly or an annual billing cycle) and when these terms of service are accepted by you, and will continue until you cancel your Paid Plan on the Billing Page. Where you cancel your Paid Plan: (1) your Paid Plan will continue until the end of the current billing cycle that applies to your Paid Plan; and (2) at the end of that billing cycle, your Paid Plan will automatically convert to a Free Plan.
  2. Recordkeeping: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of our terms and make such records available upon our reasonable request.
  3. Our right to monitor and modify your Content: We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Byld It service. We reserve the right to modify or remove any Content at any time.
  4. Public disclosure: You acknowledge and agree that all Content you provide on the Byld It service will be publicly available information and you bear the risks involved with such public disclosures.
  5. Promotions:  We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you agree in writing) on our Website or otherwise to promote the Byld It service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.

 

  1. All content created by our users is fully owned by the user.  User can not place any illegal, pornographic or otherwise morally offensive content through Business Perks. 



13. Byld It Messaging

You may generate or send messages from your Account using the Byld It messaging services (email, texts). In addition to the terms applicable to the Services generally (including Byld It’s Privacy Policy), the following terms apply to your access and use of the Email Services:

  1. Byld It employs certain controls to scan the content of messages you deliver using the messaging services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Byld It’s Acceptable Use Policy (collectively, “Threats”). By using the Messaging Services, you explicitly grant Byld It the right to employ such Content Scanning. Byld It does not warrant that the Messaging Services will be free from Threats, and each Byld It merchant is responsible for all content generated by their respective Stores.
  2. BY GENERATING OR SENDING MESSAGING THROUGH THE MESSAGING SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “MESSAGING SERVICES REQUIREMENTS”). BYLD IT, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE MESSAGING SERVICES IF YOU DO NOT COMPLY WITH THE MESSAGING SERVICES REQUIREMENTS.

    1. Your use of the Messaging Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Messaging Services and the emails you generate or send through the Messaging Services.
    2. Your use of the Messaging Services must comply with Byld It’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Messaging Services and the emails you generate or send through the Messaging Services.
    3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Messaging Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
    4. Your use of the Messaging Services must follow all applicable guidelines established by Byld It. The guidelines below are examples of practices that may violate the Messaging Services Requirements when generating, or sending emails through the Messaging Services:
      • using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
      • using purchased or rented email lists;
      • using third party email addresses, domain names, or mail servers without proper permission;
      • sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com); 
      • sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE); 
      • failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
      • failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request; 
      • failing to include in each email a link to the then-current privacy policy applicable to that email; 
      • disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email; 
      • failing to include in each email your valid physical mailing address or a link to that information; or
      • including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
  3. If You or a customer knows of or suspects any violations of the Messaging Services Requirements, please notify Byld It at grow@Byld It.com. Byld It will determine compliance with the Email Services Requirements in its discretion.
  4. Byld It’s Messaging Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.

 

14. Payment of Fees

  1. You will pay the Fees applicable to your packages  and/or subscription fees to websites or online stores, new business packages, trademarks, and business perks packages (“Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your websites or online stores when using all payment providers other than Byld It Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Byld It Payments, Themes, domain names, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Byld It will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Byld It will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Byld It’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the websites or online stores  owner via the email provided. As well, an invoice will appear on the Account page of your websites or online stores ’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  4. New business fees consist of LLC, S-Corporation, Non-Profit, and Trademark formation fees.  Our processing and service fees are separate from state and national fees.
  5. New business fees are one time payment and due in full at check out.  Once they are submitted to the necessary government entities they are nonrefundable.
  6. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your websites or online stores  during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Byld It reserves the right to terminate your Account.
  7. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  8. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Byld It’s products and services. To the extent that Byld It charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Byld It of your exemption. If you are not charged Taxes by Byld It, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  9. For the avoidance of doubt, all sums payable by you to Byld It under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Byld It to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Byld It shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
  10. You are responsible for all applicable Taxes that arise from or as a result of any sale on your Byld It Store.
  11. You must maintain an accurate location in the administration menu of your Byld It products. If you change jurisdictions you must promptly update your location in the administration menu.
  12. Byld It does not provide refunds.

15. Cancellation and Termination

  1. You may cancel your Account and terminate the Terms of Service at any time by contacting Byld It Support and then following the specific instructions indicated to you in Byld It’s response.

  2. Upon termination of the Services by either party for any reason:

    1. Byld It will cease providing you with the Services and you will no longer be able to access your Account;

    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

    3. any outstanding balance owed to Byld It for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

    4. your websites or online stores will be taken offline.

  3. If you purchased a domain name through Byld It, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

  4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

  5. We reserve the right to modify or terminate the Byld It Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

  6. Fraud: Without limiting any other remedies, Byld It may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

16. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from Byld It. Such notice may be provided at any time by posting the changes to the Byld It Site (Byld It.com) or the administration menu of your Byld It Store via an announcement.
  2. Byld It reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
  3. Byld It shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

18. Beta Services

From time to time, Byld It may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all members (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Byld It will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Byld It Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Byld It’s prior written consent. Byld It makes no representations or warranties that the Beta Services will function. Byld It may discontinue the Beta Services at any time in its sole discretion. Byld It will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Byld It may change or not release a final or commercial version of a Beta Service in our sole discretion.

19. Feedback and Reviews

Byld It welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Byld It be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Byld It (whether submitted directly to Byld It or posted on any Byld It hosted forum or page), you waive any and all rights in the Feedback and that Byld It is free to implement and use the Feedback if desired, as provided by you or as modified by Byld It, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Byld It must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Byld It reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

20. DMCA Notice and Takedown Procedure

Byld It supports the protection of intellectual property and asks Byld It merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Byld It’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

 

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