Terms of Use

Overview

These Terms of Use ("Terms") establish the binding agreement between you ("Customer") and BuildButler, LLC ("BuildButler"), effective upon download, installation, or use of the Licensed Software.

1. Definitions

• Authorized Users: Employees, consultants, and contractors who have been granted access rights to the Licensed Software.
• Customer Data: All data submitted by Customer or Authorized Users to the Licensed Software.
• Documentation: All user guides, manuals, and technical documentation provided with the Licensed Software.
• BuildButler IP: All software, services, intellectual property, and proprietary technology owned by BuildButler.

2. License and Service Terms

BuildButler grants Customer a limited, non-transferable, non-exclusive, non-assignable license to use the Licensed Software in object code form on Customer's premises or via BuildButler's hosted platform.

Free trial versions are provided for evaluation purposes only and may not be used for commercial, production, or training purposes.

Customer is responsible for all actions performed by Authorized Users under Customer's account. Customer shall maintain the security of account credentials and promptly notify BuildButler of any unauthorized access.

3. Documentation License

Customer receives a non-exclusive, non-transferable license to access and use Documentation solely for internal business purposes related to the Licensed Software.

4. Use Restrictions

Customer shall not:

• Reverse-engineer, decompile, or disassemble the Licensed Software
• Modify, adapt, or create derivative works based on the Licensed Software
• Distribute, sublicense, lease, or lend the Licensed Software to third parties
• Use the Licensed Software to build a competitive product or service
• Copy or replicate features or functionality of the Licensed Software
• Store or transmit unlawful, infringing, or harmful content
• Attempt to gain unauthorized access to BuildButler systems or networks

5. Fees and Payment

All fees are due within thirty (30) days of invoice date. Payments shall be made in US dollars without offset or deduction. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

6. Reservation of Rights

BuildButler retains all rights, title, and interest in and to the Licensed Software not expressly granted in these Terms. No implied licenses are granted.

7. Third-Party Components

The Licensed Software may incorporate open-source or third-party components licensed under separate terms. BuildButler makes no warranties regarding such components beyond what is required by their respective licenses.

8. Maintenance and Support

BuildButler provides maintenance and support services at no additional charge for active subscriptions. BuildButler reserves the right to decline support requests that are unreasonable in scope and will provide written rationale if doing so.

9. Confidential Information

Each party agrees to protect the other party's Confidential Information (including business affairs, trade secrets, and proprietary data) for a period of five (5) years following disclosure. Trade secret protections shall survive indefinitely.

Confidential Information does not include information that is:

• Publicly available through no fault of the receiving party
• Already known to the receiving party prior to disclosure
• Independently developed without reference to the disclosing party's information
• Rightfully obtained from a third party without restriction

10. Term

The license period is determined by the subscription plan purchased. Perpetual licenses, where offered, continue indefinitely upon full payment of applicable fees.

11. Termination

Either party may terminate these Terms:

• By mutual written agreement
• Upon the other party's bankruptcy or insolvency
• For material breach, provided the breaching party fails to cure within thirty (30) days of written notice

BuildButler may terminate immediately upon Customer's violation of Use Restrictions (Section 4). Early termination does not entitle Customer to a refund of fees already paid.

12. Intellectual Property Ownership; Feedback

BuildButler owns all intellectual property rights in the Licensed Software. Customer retains ownership of Customer Data.

Any feedback, suggestions, or ideas submitted by Customer regarding the Licensed Software shall become non-confidential property of BuildButler, usable without attribution or compensation.

13. Limited Warranty and Warranty Disclaimer

BuildButler warrants that the Licensed Software will conform in all material respects to its Documentation for a period of ninety (90) days from initial delivery.

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUILDBUTLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Indemnification

BuildButler shall indemnify and defend Customer against third-party claims alleging that the Licensed Software infringes valid patents, copyrights, or trade secrets, excluding claims arising from Customer Data or unauthorized use.

Customer shall indemnify and defend BuildButler against claims arising from Customer Data, Customer's breach of these Terms, or unauthorized use of the Licensed Software.

15. Limitations of Liability

IN NO EVENT SHALL BUILDBUTLER'S AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

BUILDBUTLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

16. Modifications

BuildButler may modify these Terms at any time. Material changes will be communicated via email to the address on file. Continued use of the Licensed Software after notification constitutes acceptance of modified Terms.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California. Any disputes shall be resolved exclusively in the federal or state courts located in San Francisco County, California.

18. Force Majeure

BuildButler shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, strikes, government actions, internet failures, or supply chain disruptions. Customer's obligation to pay fees shall not be affected by force majeure events.

19. Publicity

BuildButler may identify Customer as a user of the Licensed Software in marketing materials unless Customer provides written notice requesting opt-out.

20. Miscellaneous

These Terms constitute the entire agreement between the parties and supersede all prior understandings. Customer consents to receive communications electronically. Neither party may assign these Terms without written consent, except that BuildButler may assign in connection with a merger, acquisition, or sale of substantially all assets.

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Last updated: March 2026